Terms and Conditions

These are the Master Services Terms governing engagements between Afterburner℠ and its clients. They apply when a client signs an Event Contract, Master Services Agreement, Statement of Work, or other written agreement that references these Terms. For acceptable use of afterburner.com and how we handle personal information, see the Privacy Policy.

Version 1.0, June 1, 2026
Last updated: June 1, 2026

1. Application and Incorporation

These Master Services Terms (the “Terms”) apply to engagements between Afterburner, Inc. (“Afterburner”) and its clients (“Client”) that are described in a signed Event Contract, Master Services Agreement, Statement of Work, or other written agreement (each, a “Signed Agreement”). By signing a Signed Agreement that references these Terms, Client agrees to these Terms as a condition of the engagement.

If there is a conflict between a Signed Agreement and these Terms, the Signed Agreement controls only to the extent it expressly states an intent to override these Terms.

2. Payment

If Client fails to timely pay any amount owed under a Signed Agreement within ten (10) business days of the date payment is due, in addition to Afterburner’s other rights and remedies, Client shall be subject to a monthly interest charge of one and one-half percent (1.5%) of the unpaid amount, or the maximum interest rate permitted by law, whichever is less, calculated daily and compounded monthly. Payment instructions are provided in each Signed Agreement.

3. Expenses

Travel and out-of-pocket expenses, including airfare, ground transportation, and meals, will be billed to Client at actual cost with supporting documentation, or through a mutually agreed Travel Buyout as specified in the applicable Signed Agreement. Client may elect to book hotel accommodations and flights directly on behalf of Afterburner facilitators, in which case those costs are excluded from Afterburner’s expense reimbursement or Travel Buyout. Airfare will be booked at the class (e.g., economy or business) specified in the applicable Signed Agreement. Client shall notify Afterburner in writing of all reservations at least seven (7) days prior to the applicable Program Date.

4. Cancellation or Termination

(a) If for any reason not within the control of or due to the fault of Client, Afterburner is prevented from or fails to furnish the services of an assigned Speaker, the applicable Signed Agreement shall be deemed terminated and Client shall have no claim for damages against Afterburner or Speaker, except that Afterburner shall (i) reimburse Client any fees paid to Afterburner under that Signed Agreement, or (ii) apply a credit of any fees paid toward a rescheduled or future Program. Neither Afterburner nor Speaker will have any liability for expenses or losses incurred by Client.

(b) If Client cancels or postpones a Program more than thirty (30) days before the Program Date, Client shall pay fifty percent (50%) of the Fee and Expenses and any travel expenses incurred by Afterburner or Speaker prior to such cancellation or postponement, as applicable.

(c) If Client cancels or postpones a Program within thirty (30) days of the Program Date, Client shall forfeit one hundred percent (100%) of the Fee and Expenses and any travel expenses incurred by Afterburner or Speaker prior to such cancellation or postponement.

(d) If Client cancels or postpones a virtual portion of a Program within seven (7) days of the Program Date, Client shall forfeit one hundred percent (100%) of the Fee and Expenses and shall be subject to a rescheduling fee of five hundred dollars ($500.00).

(e) All notices of cancellation or postponement shall be made in writing in accordance with the Notices section of these Terms.

5. Force Majeure

If performance of any obligation under a Signed Agreement is prevented due to acts of God, wars, hostilities, blockades, civil disturbances, revolutions, strikes, terrorist attacks, lockouts, or other events of force majeure, neither party shall be responsible to the other for failure or delay in performance. Each party shall promptly notify the other of such force majeure conditions. This clause does not exempt, but merely suspends, performance until practicable after a force majeure condition exists. Client shall promptly reimburse Afterburner for any out-of-pocket expenses incurred prior to the force majeure event, and shall be responsible for any cancellation or rescheduling penalties and expenses incurred by Afterburner or Speaker.

6. Consequences of Client Failure to Fulfill Obligations

If Client fails or refuses to provide any of the items required under a Signed Agreement, fails to make any payments as provided, or fails to proceed with the Program, then, without limiting Afterburner’s other rights or remedies, Afterburner shall have no obligation to perform the Program or furnish the services of Speaker, and Client shall not be entitled to a refund of any amounts paid. Client shall remain liable for the full Fee and Expenses and any travel expenses incurred by Afterburner or Speaker.

7. Venue Requirements

Afterburner prefers to conduct virtual engagements over Zoom to ensure seamless delivery of content. An alternative virtual platform must be agreed to by both parties in advance of the Program.

8. Speaker Substitution

The Speaker initially assigned to a Program may be substituted, if necessary, with a Speaker of similar background and experience.

9. Recording

Client acknowledges and agrees that as between Afterburner and Client, Afterburner is the exclusive owner of all worldwide, perpetual rights, title, and interest in and to a Speaker’s presentation in connection with any Program and any recording of that presentation (collectively, the “Speaker Presentation”), including all presentation materials, the copyrights thereto, and all renewals of such copyright. Afterburner retains all rights to record and edit the Speaker Presentation and to sell, monetize, or otherwise exploit the Speaker Presentation in any medium or format, now or hereafter known.

Recording of the Speaker Presentation, in whole or in part, including without limitation audio, video, film, or otherwise, is not a right granted to Client under a Signed Agreement. Any such rights may only be granted pursuant to a separate written agreement signed by Afterburner.

10. Intellectual Property

(a) General. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all goodwill associated therewith, derivative works, and all other rights (collectively, “Intellectual Property”), in and to all documents, work product, and other materials that are delivered to Client under a Signed Agreement or prepared by or on behalf of Afterburner in performing a Program, are owned by Afterburner.

(b) Afterburner Marks. Without limiting the foregoing, the following marks are claimed by Afterburner (the “Afterburner Marks”):

• Flawless Leadership℠
• ORCA℠
• FLEX℠
• Teach-Demo-Do℠
• The 3 M’s
• High-Definition Destinations (HDDs)

This list is non-exhaustive. Additional Afterburner Marks include marks claimed by Afterburner from time to time, including those identified by ℠, ™, or ® symbols in Afterburner materials or otherwise designated as Afterburner property. Client shall not use any Afterburner Mark except as expressly permitted in writing by Afterburner.

11. Confidentiality

Each party agrees to hold in confidence and not disclose to any third party any confidential information (“Confidential Information”), including Confidential Information as it relates to the material business points of a Signed Agreement, including without limitation the Fee and Expenses. Each party shall promptly notify the other of any unauthorized possession or use of the other party’s Confidential Information by any third party.

This obligation will apply to disclosures of Confidential Information made prior to and up to the date one (1) year after the applicable Program Date (the “Disclosure Period”), unless either party terminates the Disclosure Period earlier by giving the other party ten (10) days prior written notice. Obligations with respect to any disclosure made within the Disclosure Period will continue for a period of five (5) years after the end of the Disclosure Period, except that with respect to trade secrets, obligations shall remain in effect for as long as such information remains Confidential Information.

12. Non-Solicitation

Client agrees not to, directly or indirectly, solicit, employ, engage, or otherwise use the services of Afterburner’s employees or contractors for a period of twelve (12) months following the termination or completion of the applicable Program.

13. Indemnification and Limitation of Liability

(a) Mutual Indemnification. Each party, on behalf of itself and its successors and assigns, releases, acquits, satisfies, remises, indemnifies, forever discharges, and holds harmless the other party, its directors, affiliates, officers, employees, and contractors from and against any and all claims, demands, causes of action, losses, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees and costs, arising out of the Program.

(b) Third-Party Claims. Each party agrees to indemnify and hold harmless the other party from any claim brought by a third party attending the Program, except where such claim was the result of gross negligence or willful misconduct.

(c) Notice. The party claiming indemnification under this Section shall promptly notify the other party when it has knowledge of circumstances or the occurrence of events likely to result in an indemnification obligation, or when any action, suit, arbitration, or judicial or administrative proceeding is pending or threatened that is covered by this Section.

(d) Limitation. Except for willful misconduct or gross negligence, neither party shall be liable to the other for punitive, exemplary, special, indirect, or consequential damages, including lost profits. Each party’s aggregate liability is limited to the other party’s direct damages. IN NO EVENT WILL AFTERBURNER’S LIABILITY EXCEED THE AMOUNT OF THE FEE PAID FOR THE ENGAGEMENT UNDER THE APPLICABLE SIGNED AGREEMENT.

14. Artificial Intelligence Usage and Transparency

(a) Use of AI. Afterburner may utilize artificial intelligence (“AI”) and machine learning technologies in the performance of programs and services. Afterburner shall ensure that such AI systems are tested for accuracy, fairness, and reliability, and are implemented in a manner consistent with generally accepted industry practices.

(b) Human Oversight. Afterburner shall maintain meaningful human oversight of all AI-generated recommendations, outputs, or decisions that materially impact Client’s business operations. Such oversight shall include final review and approval by Afterburner personnel prior to reliance on such outputs for material business decisions.

(c) Consent for Automated Decision-Making. Afterburner shall not implement AI systems that make legally or commercially binding decisions on behalf of Client without Client’s prior written consent.

(d) Data Collection. Afterburner shall collect only that data which is reasonably necessary for the provision, maintenance, and improvement of the programs and services. Afterburner shall disclose to Client the categories of data collected upon written request.

(e) Ownership of Data. All data, information, and content provided by Client (“Client Data”) shall remain the sole and exclusive property of Client. Afterburner shall not sell, license, transfer, or otherwise disclose Client Data to any third party except as necessary to perform the programs and services or as required by applicable law.

(f) Derived Data. Afterburner may generate aggregated and anonymized data derived from Client Data solely for purposes of analytics, benchmarking, and improving the programs and services, provided that such data cannot reasonably be used to identify Client or its end users, and provided further that such use does not create a competitive product or service.

(g) Incident Notification. In the event of any actual or reasonably suspected unauthorized access to, or acquisition of, Client Data (a “Security Incident”), Afterburner shall notify Client without unreasonable delay, but in no event later than seventy-two (72) hours following discovery. Such notice shall include, to the extent known at the time: (i) the nature of the incident; (ii) categories of Client Data affected; and (iii) steps taken to contain and remediate the incident. Afterburner shall provide ongoing updates regarding investigation status, root cause analysis, and remediation efforts until resolution.

(h) Compliance. Afterburner shall comply with all applicable federal, state (including the Florida Digital Bill of Rights, if applicable), and international data protection and privacy laws, including but not limited to the General Data Protection Regulation (“GDPR”) and the California Consumer Privacy Act, as amended (“CCPA/CPRA”), to the extent applicable.

(i) Harmful Output Safeguards. Afterburner shall implement safeguards reasonably designed to prevent the generation of harmful, defamatory, or unlawful outputs. In the event such outputs occur, Afterburner shall promptly cooperate with Client to remediate the issue and implement measures to prevent recurrence.

(j) Liability for AI Output. Afterburner shall be liable for direct damages arising from Afterburner’s gross negligence, willful misconduct, or material breach of these Terms in connection with the use or operation of AI systems. To the fullest extent permitted by law, Afterburner’s aggregate liability for claims arising under this Section shall not exceed the total fees paid by Client under the applicable Signed Agreement in the twelve (12) months preceding the claim and shall apply in aggregate with, and not in addition to, the limitation of liability set forth in the Indemnification and Limitation of Liability section of these Terms.

(k) Client Responsibility. Client acknowledges that AI-generated outputs may contain inaccuracies or errors and agrees to maintain commercially reasonable human review and verification processes prior to relying on such outputs for decisions with legal, financial, compliance, or employment consequences.

15. Independent Contractor

Afterburner and any assigned Speaker are independent contractors. Nothing in a Signed Agreement or these Terms constitutes Afterburner or a Speaker as an employee or agent of Client, and these Terms shall not be deemed to create a partnership, joint venture, or agency relationship between Afterburner or Speaker on the one hand, and Client on the other.

16. Taxes and Visa Responsibility (If Applicable)

(a) Client shall pay any and all local, state, and federal rental, amusement, sales, or other such taxes as required by law.

(b) If the state, country, or territory of the engagement requires Afterburner or a Speaker to obtain a work visa before entering the place of the Program, Client shall pay for and expedite any paperwork required by law, including securing all immigration requirements, no later than thirty (30) days prior to the Program Date.

17. Notices

Any notice given by either party to the other shall be provided in writing and via electronic mail. Such notice shall be deemed received upon actual receipt or when receipt has been refused. Notices to Afterburner shall be sent to team@afterburner.com, or to such other address as Afterburner may designate in writing. Notices to Client shall be sent to the address designated in the applicable Signed Agreement.

18. Use of Afterburner and Speaker Name or Likeness

(a) General. Afterburner’s name and logos, and a Speaker’s name, likenesses, photographs, or biographical materials (collectively, “Name and Likeness Rights”) may not be used by Client or its agents in any manner except as expressly permitted in writing by Afterburner.

(b) Promotional Materials. Where a Signed Agreement contemplates Client’s promotion of the Program or use of materials provided by Afterburner, Client may use solely the images and copy furnished by Afterburner for that purpose. Such promotional materials, and Afterburner or Speaker’s participation in the Program, may not be published or publicized until: (i) Afterburner has approved the promotional materials, and (ii) the Signed Agreement has been fully executed and the fees due on execution (typically fifty percent (50%) of the Fee and Expenses) have been paid to and received by Afterburner.

(c) No Endorsement. Client may not portray Afterburner or any Speaker in a manner that suggests, directly or indirectly, endorsement or sponsorship of Client, or of any product, service, or cause, or in connection with any commercial tie-up, without Afterburner’s prior written consent, which Afterburner may withhold in its sole discretion.

19. Due Authorization

Each party represents and warrants that the execution, delivery, and performance of the applicable Signed Agreement and these Terms have been duly authorized by all necessary corporate action on its behalf, that the Signed Agreement has been duly executed by it, and that the Signed Agreement and these Terms constitute its valid and binding obligation. Each person signing a Signed Agreement warrants that he or she signs as a duly authorized representative of the party.

20. Transfer, Assignment, and Amendment

A Signed Agreement and these Terms may not be assigned, transferred, amended, supplemented, varied, or discharged except by a signed instrument in writing or electronic document signer, signed by both parties. Any purported assignment not in compliance with the foregoing is void ab initio. A Signed Agreement is not binding until Afterburner fully executes it.

21. Governing Law and Venue

These Terms and any Signed Agreement that incorporates them shall be construed, interpreted, and enforced in accordance with and shall be governed by the laws of the State of Florida applicable to agreements entered into and wholly to be performed therein, without regard to conflict of laws principles. Any controversy or claim arising out of or relating to these Terms or a Signed Agreement shall be instituted, adjudicated, and resolved exclusively in the state and federal courts located in the State of Florida, and each party submits to the exclusive jurisdiction and venue of those courts and waives its rights to have such disputes adjudicated in any other forum.

22. Miscellaneous

(a) Entire Agreement. These Terms, together with the applicable Signed Agreement, contain the full and complete understanding between the parties with respect to the Program and supersede any and all prior agreements and understandings (whether written or oral) between the parties with respect to the same.

(b) Severability. If any provision of these Terms or a Signed Agreement is deemed unenforceable, the remaining provisions shall continue in full force and effect, and the unenforceable provision shall be deemed modified to the least extent necessary to render it enforceable.

(c) Waiver. No waiver by either party of any failure by the other party to perform any covenant or condition shall be deemed a waiver of any preceding or succeeding breach of the same, or of any other covenants or conditions.

(d) Headings. Section headings are provided for convenience only and shall have no force or effect upon the construction or interpretation of any provision.

23. Versioning

These Master Services Terms are versioned and dated. Afterburner may update these Terms from time to time. Prior versions remain available upon request. Signed Agreements that incorporate these Terms by reference are governed by the version in effect on the date of execution, unless the Signed Agreement expressly states otherwise.

For the current version or to request a prior version, contact team@afterburner.com.