Key Terms at a Glance
2. The Program
2.1 FU will provide the Client with:
one 60-minute 1:1 onboarding strategy call;
fortnightly 1:1 strategy calls with the Client’s advisor;
two weekly group sessions (one tutorial, one Q&A);
monthly live workshops;
access to FU’s program materials, frameworks and systems (the “Materials”);
private messaging access to FU’s team, with responses within one business day (Sydney time); and
a guaranteed seat at FU’s in-person events (two to three annually), with travel and accommodation at the Client’s cost.
2.2 FU may make reasonable improvements or changes to Program content, delivery methods or scheduling, provided the overall value of the Program is not materially reduced.
2.3 FU will provide the Program with due care and skill. The Program is strategic guidance and education: it is not financial product advice, and it is not legal, accounting or tax advice. The Client makes and owns all decisions in its business, and remains responsible for obtaining professional advice specific to its circumstances.
3. Term
3.1 The Agreement begins on the Start Date and continues for the Minimum Term of 12 months.
3.2 After the Minimum Term, it continues month-to-month at the then-current fee until either party gives 30 days’ written notice.
3.3 FU may vary the monthly fee only after the Minimum Term, by giving at least 30 days’ written notice; if the Client does not accept the varied fee, the Client may terminate by written notice effective before the variation takes effect.
4. Onboarding Audit and revenue warranty
4.1 The Client completes the Onboarding Audit during onboarding, before signing the Agreement. The Onboarding Audit, including the monthly revenue figures stated in it for the three calendar months before the Start Date, is incorporated into the Agreement.
4.2 The Client warrants that all information in the Onboarding Audit, including its revenue figures, is true, accurate and not misleading, and acknowledges that FU relies on that information in entering the Agreement and in offering the Growth Guarantee.
5. Fees and payment
5.1 The Client will pay the Fees monthly in advance, by the payment method authorised at checkout or onboarding. The Client authorises FU (and its payment platform) to charge recurring monthly payments for the duration of the engagement.
5.2 All amounts are exclusive of GST unless stated otherwise. GST will be added to each payment at the prevailing rate.
5.3 The Fees for the Minimum Term are a debt due from the Client, payable by monthly instalments. Subject to clauses 6 (60-Day Choice Window), 10 (pause), 12 (termination) and 16 (Australian Consumer Law), the Client’s obligation to pay all Minimum Term instalments is not conditional on results.
5.4 If a payment fails or is overdue: (a) FU may retry the payment method; (b) interest accrues on overdue amounts at 8% per annum, calculated daily; (c) if any amount remains overdue for 14 days or more after written notice, FU may suspend the Program (including calls, messaging and Materials access) until the account is brought current, and suspended time does not extend the Minimum Term; and (d) the Client must reimburse FU’s reasonable costs of recovering overdue amounts.
6. The 60-Day Choice Window
6.1 The Client may end the Agreement early, without giving reasons and without penalty, by written notice to support@founderuniversity.com received during the window beginning on day 61 and ending at 11:59pm (Sydney time) on day 74 (the “Choice Window”).
6.2 If the Client exercises the Choice Window: (a) the engagement ends at the end of the third monthly billing period; (b) no further Fees are payable after that date; (c) Fees already paid are not refundable; (d) the Client’s licence to the Materials ends under clause 13.4; and (e) the Growth Guarantee no longer applies.
6.3 If the Client does not exercise the Choice Window, the Client remains committed for the full Minimum Term.
7. Client responsibilities
The Client agrees to: take ownership of its business and decisions; attend its scheduled calls; communicate openly with FU’s team, including honest and timely information about its numbers; be reachable through the agreed channels during business hours; follow the Community Guidelines (below); and give the Program a genuine, sustained effort across the term.
8. Confidentiality
8.1 Each party must keep the other’s Confidential Information confidential, use it only for the purposes of the Agreement, and disclose it only (a) to its personnel and professional advisers who need it and are bound to confidentiality, (b) as required by law, or (c) with the other party’s consent. “Confidential Information” includes the Client’s business, financial and operational information, and FU’s Materials, methods, pricing and business information, but excludes information lawfully in the public domain.
8.2 The Client must also keep confidential any information about other Program members learned through the community or group sessions, as set out in the Community Guidelines.
8.3 This clause survives the end of the Agreement.
9. Testimonials and case studies
9.1 FU will not publish the Client’s name, identifying details or specific results in marketing without the Client’s prior written consent for that use.
9.2 FU may use the Client’s results in anonymised or aggregated form that does not identify the Client.
9.3 Any testimonial the Client gives is voluntary. FU does not pay or provide incentives for testimonials.
10. Pause
10.1 The Client may pause the Program once during the Minimum Term, for up to two months, by written request. During a pause: no Fees are payable, no services are delivered, and the Minimum Term (and all dates counted from the Start Date, other than a Choice Window that has already closed) extends by the length of the pause.
10.2 For the Growth Guarantee, the “final three months” in clause 11 means the final three active (non-paused) months of the Minimum Term as extended.
11. The Growth Guarantee
11.1 The guarantee. If the Client’s Average Monthly Revenue for the final three months of the Minimum Term is not at least $20,000 higher than its Baseline, and the Client has met the Participation Conditions, FU will refund all Program Fees paid by the Client under the Agreement.
11.2 Definitions. “Revenue” means cash collected by the Client entity named in the Agreement, exclusive of GST. “Baseline” means the Client’s Average Monthly Revenue for the three calendar months immediately before the Start Date, consistent with the figures warranted in the Onboarding Audit. “Average Monthly Revenue” for a period means total Revenue for that period divided by the number of months in it.
11.3 Participation Conditions. The Client must have: (a) attended at least 75% of the 1:1 strategy calls scheduled during the Minimum Term, where a rescheduled call counts as attended if the rescheduled session is held, and any call FU fails to offer or cancels without rescheduling counts as attended in the Client’s favour; and (b) an account in good standing at the end of the Minimum Term, meaning no payment default that was not remedied.
11.4 How to claim. The Client must email a claim to support@founderuniversity.com within 30 days after the end of the Minimum Term, attaching a letter from the Client’s accountant that: (a) is signed by a registered tax agent or BAS agent, or a member of CPA Australia, Chartered Accountants ANZ or the Institute of Public Accountants; (b) is addressed to The Founder Group Pty Ltd; and (c) states the Client entity’s monthly Revenue for each of the three calendar months before the Start Date and each of the final three months of the Minimum Term.
11.5 Verification. If the accountant’s letter is materially inconsistent with the figures warranted in the Onboarding Audit, FU may request supporting records (including BAS statements) sufficient to verify the relevant figures, and the claim will be assessed on the verified figures. FU will assess each claim in good faith and pay valid claims within 30 days of validation.
11.6 When the guarantee does not apply. The Growth Guarantee does not apply if: (a) the Client exercised the Choice Window; (b) the Agreement was terminated before the end of the Minimum Term (except termination by the Client under clause 3.3 or for FU’s material breach); or (c) the Agreement was terminated by FU for the Client’s material breach under clause 12.2.
11.7 Except as set out in this clause 11 and clause 16, FU does not warrant or guarantee any particular business or financial result. Outcomes depend on factors inside and outside both parties’ control.
12. Termination
12.1 The Client may terminate: (a) under the Choice Window (clause 6); (b) after the Minimum Term on 30 days’ written notice (clause 3.2); (c) under clause 3.3 (fee variation); or (d) immediately by written notice if FU commits a material breach and fails to remedy it within 14 days of written notice.
12.2 FU may terminate immediately by written notice if the Client: (a) fails to pay any amount due and does not remedy that failure within 14 days of written notice; (b) commits a material breach of the Agreement (including clause 13 or the Community Guidelines) and fails to remedy it within 14 days of written notice where it is capable of remedy; or (c) engages in serious misconduct, including harassment or abuse of FU personnel or Program members.
12.3 If FU terminates under clause 12.2 during the Minimum Term, the remaining Minimum Term instalments become payable as a debt, reduced by any amounts FU saves or recovers as a result of no longer providing the Program to the Client. Nothing in this clause limits the Client’s rights under the Australian Consumer Law.
12.4 On any termination or expiry: accrued rights survive; amounts due remain payable; and clauses 4.2, 8, 9, 11 (to the extent a valid claim window is open), 13, 14, 15, 16, 17 and 18 survive.
13. Intellectual property
13.1 FU owns all intellectual property in the Materials and in anything FU creates during the engagement, including frameworks, systems, methodologies, templates and names. Nothing in the Agreement transfers ownership to the Client. The Client owns its own business data and information.
13.2 FU grants the Client a non-exclusive, non-transferable licence to use the Materials for internal use in the Client’s own business only.
13.3 The Client must not: (a) reproduce, republish, share or distribute the Materials outside its business; (b) sell, licence or otherwise profit from the Materials; (c) use the Materials or FU’s methodologies to create, deliver or sell any competing or derivative program, course, product or consulting deliverable; (d) remove attribution from the Materials; or (e) teach or present FU’s frameworks as the Client’s own.
13.4 If the Agreement ends with the Client in good standing at the end of the Minimum Term or later, the clause 13.2 licence continues perpetually, subject to clause 13.3. If the Agreement ends under the Choice Window or is terminated by FU under clause 12.2, the licence ends on the termination date and the Client must cease using and delete the Materials.
14. Call recording
Calls and sessions may be recorded for note-taking, quality and training purposes, including through AI-assisted transcription tools. Notice is given by an on-screen recording indicator or prompt, and by remaining on a recorded call the Client consents to the recording. A Client who does not wish a 1:1 call to be recorded may say so at the start of the call and FU will accommodate this.
15. Non-solicitation
During the engagement and for 12 months after it ends, the Client must not, without FU’s written consent, solicit or engage any FU employee or contractor who was involved in delivering the Program to the Client, whether as employee, contractor or otherwise.
16. Australian Consumer Law, liability and indemnity
16.1 Nothing in the Agreement excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified, including the guarantees that services will be provided with due care and skill and be fit for any disclosed purpose. All refund and termination provisions in the Agreement operate subject to those rights.
16.2 Subject to clause 16.1: (a) neither party is liable to the other for indirect or consequential loss, loss of profit, loss of revenue, loss of opportunity or loss of data; (b) FU’s total aggregate liability arising out of or in connection with the Agreement is limited to the Fees paid by the Client in the 12 months before the event giving rise to the claim; and (c) where legislation implies a guarantee that can be limited, FU’s liability is limited, at its election, to resupplying the services or paying the cost of resupply. This clause does not apply to the Growth Guarantee refund, which is governed by clause 11, or to either party’s liability for fraud or wilful misconduct.
16.3 The Client is responsible for the decisions it makes and the actions it takes in its business, including how it implements any strategy discussed in the Program, and for its own compliance with laws applicable to its business and marketing.
16.4 The Client indemnifies FU against loss FU suffers arising from third-party claims caused by the Client’s breach of the Agreement or the Client’s conduct of its business, except to the extent FU caused or contributed to the loss.
17. Dispute resolution and billing disputes
17.1 If a dispute arises, a party must give written notice describing it, and the parties must negotiate in good faith for 14 days. If unresolved, either party may refer the dispute to mediation administered by the Resolution Institute in Sydney before commencing court proceedings, except for urgent injunctive relief or debt recovery of undisputed amounts.
17.2 The Client agrees to raise any billing or service dispute with FU first at support@founderuniversity.com and allow 21 days for resolution before escalating it externally, including to a financial institution. Where a payment dispute lodged with a financial institution is resolved in FU’s favour, the Client must reimburse FU’s reasonable dispute fees and costs.
18. General
18.1 Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, provided it takes reasonable steps to mitigate.
18.2 Notices. Notices must be in writing to the contact points in the Key Terms table above. Email notice is effective on transmission (with no bounce) on a business day, otherwise the next business day.
18.3 Entire agreement. The Agreement (including its schedules and the Onboarding Audit) is the entire agreement and supersedes prior discussions, except that nothing in this clause excludes liability for misleading or deceptive conduct or limits the operation of clause 16.1.
18.4 Severability. If any provision is void or unenforceable, it is severed to the minimum extent necessary and the remainder continues in force.
18.5 Waiver, assignment, variation. A right is only waived in writing. The Client may not assign the Agreement without FU’s consent; FU may assign it as part of a corporate restructure or sale of business on notice to the Client. Variations must be in writing and signed by both parties, except as expressly provided in clauses 2.2 and 3.3.
18.6 Execution. The Agreement may be accepted electronically, including by checkbox at checkout, and signed electronically and in counterparts.
18.7 Governing law. The Agreement is governed by the laws of New South Wales, and the parties submit to the non-exclusive jurisdiction of its courts.
Community Guidelines
These guidelines apply to all group sessions, workshops, events and community spaces in the Program. They exist to protect the thing that makes the community valuable: founders being honest about their real numbers and real problems.
Confidentiality. What members share stays in the room. You must not disclose any other member’s identity, revenue, business information or circumstances outside the community, in any form.
No pitching. The community is not a prospecting pool. You must not solicit, pitch, or market your products or services to other members, in sessions or privately, unless a member explicitly asks you.
No recording. Group sessions, workshops and events must not be recorded by members. FU’s own recordings are governed by clause 14 above.
Respect. Engage constructively. No harassment, abuse, discrimination or personal attacks, toward members or FU’s team.
Consequences. Breaches may result in removal from community spaces and, for serious or repeated breaches, termination under clause 12.2 above.
Questions about these terms: support@founderuniversity.com