These Terms and Conditions (“Terms”) govern participation in the Boardroom for Creatives platform (the “Platform”) by design and related industry professionals (“Board Members”).
By applying to participate, maintaining an active profile, or providing services through the Platform, a Board Member agrees to be bound by these Terms.
These Terms govern participation in the Boardroom for Creatives platform and apply to two primary components: (1) marketing, promotional, and platform services provided by the Boardroom, and (2) expert services delivered independently by Board Members.
The Boardroom
The Boardroom provides access to a non-exclusive networking, marketing, and referral platform designed to enhance the visibility and market reach of Board Members and their offerings. The Boardroom develops, operates, and maintains a dedicated website and online networking platform that facilitates connections between potential clients and Board Members.
The Platform serves as a centralized hub through which users may learn about a Board Member’s qualifications, areas of expertise, service offerings, and availability. For clarity, each Board Member remains solely responsible for their own business strategy, professional judgment, and execution of services.
The Board Member
Board Members provide expert-level services within their designated areas of specialization. In connection with sessions booked through the Platform, Board Members are responsible for appropriate research, review, and preparation, as determined in their sole discretion.
This may include reviewing information provided through intake forms or preliminary communications, identifying relevant issues or objectives, and formulating strategies or insights to be discussed during sessions. Board Members are expected to conduct themselves with a high degree of professionalism, discretion, and subject-matter competence, and to make themselves reasonably available for follow-up clarification when appropriate.
Membership Fees
Board Members are required to pay an annual membership fee to participate in the Boardroom for Creatives Platform.
Board Members who are instructors or co-authors at LuAnn University pay $900 for their first year of membership and $1,500 for their second year of membership.
All Board Members who are not instructors or co-authors pay $1,500 per year.
Membership fees are subject to annual adjustment by the Boardroom.
Referral Fees
When the Boardroom connects a potential client with a Board Member for one or more sessions through the Platform, all payments for such sessions are made by the client directly to The Boardroom for Creatives through the Boardroom’s designated payment platform.
The Boardroom retains thirty-five percent (35%) of the fees collected and remits the remaining sixty-five percent (65%) to the Board Member on a quarterly basis, in accordance with the Boardroom’s standard payout practices.
All sessions booked and conducted through the Boardroom for Creatives Platform are subject to the same payment split.
If a client retains a Board Member for services outside of the Boardroom for Creatives following an initial session booked through the Platform, the Board Member retains one hundred percent (100%) of all fees earned from such engagement.
The Boardroom maintains its Platform and promotional activities in accordance with applicable laws and regulations governing advertising, marketing, client referrals, and data privacy. This includes, as applicable, compliance with the Federal Trade Commission Act (FTC Act) and consumer protection laws, as well as domestic and international data privacy regulations such as the General Data Protection Regulation (GDPR) and other relevant statutes. The Boardroom implements reasonable safeguards to protect personal information collected through the Platform and avoids false, misleading, or unsubstantiated claims in connection with the promotion of Board Members.
Board Members are solely responsible for delivering services within their respective areas of expertise in compliance with all applicable federal, state, and local laws, regulations, and professional standards governing their profession. This includes maintaining any required licenses, certifications, or accreditations, complying with ethical rules imposed by applicable licensing or governing bodies, and ensuring that all advice, communications, and representations to clients meet legal and professional obligations.
Board Members are responsible for maintaining any professional liability insurance required for their services and for ensuring that their participation on the Platform does not violate any contractual, legal, or regulatory obligations.
In connection with participation on the Platform, Board Members may receive or have access to non-public, confidential, or proprietary information belonging to the Boardroom, its clients, or its affiliates (“Confidential Information”).
Board Members agree to maintain the confidentiality of such Confidential Information and not to disclose, use, copy, or reproduce it except as reasonably necessary to perform services through the Platform or as otherwise required by law. Board Members agree to take reasonable steps to protect Confidential Information from unauthorized access, use, or disclosure.
Upon cessation of participation on the Platform, Board Members agree to promptly return or securely destroy any Confidential Information in their possession or control, and to cease all use of such Confidential Information.
All trademarks, logos, photographs, videos, written content, branding materials, platform features, and other intellectual property owned by or created by LuAnn Nigara, The Boardroom for Creatives, LLC, or the Boardroom for Creatives platform (“Boardroom IP”) are and shall remain the sole and exclusive property of the Boardroom.
Board Members acquire no ownership interest in Boardroom IP by virtue of their participation on the Platform. Board Members may not copy, reproduce, modify, distribute, display, or otherwise use Boardroom IP for personal or commercial purposes without the prior written consent of the Boardroom.
Board Members grant the Boardroom a non-exclusive, royalty-free, worldwide license to use the Board Member’s name, likeness, biographical information, logo, trademarks, and other identifying or promotional materials provided by the Board Member for purposes of marketing, promotion, platform display, and operation of the Boardroom for Creatives Platform.
This license remains in effect for the duration of the Board Member’s participation on the Platform and for a reasonable period thereafter for archival, marketing, and administrative purposes.
Nothing in these Terms transfers ownership of a Board Member’s independently owned intellectual property to the Boardroom. Board Members retain all rights to their own proprietary methodologies, materials, and content, subject to the limited license granted herein.
Board Members agree to indemnify, defend, and hold harmless The Boardroom for Creatives, LLC, LuAnn Nigara, and their respective owners, officers, employees, contractors, and affiliates from and against any claims, losses, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:
This indemnification obligation survives cessation of the Board Member’s participation on the Platform.
Board Member participation in the Boardroom for Creatives Platform operates on an annual membership basis.
Initial participation begins upon acceptance into the Platform and payment of the applicable membership fee and continues for a one (1) year term.
At the conclusion of each annual term, participation will automatically renew for successive one-year terms unless the Board Member provides written notice of non-renewal at least sixty (60) days prior to the renewal date.
Renewal participation is subject to the then-current membership fees, revenue splits, and Platform terms established by the Boardroom.
These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law principles.
These Terms may be accepted electronically. By applying to participate, maintaining an active profile, checking a box indicating agreement, or otherwise participating on the Platform, the Board Member agrees that such actions constitute a legally binding acceptance of these Terms, equivalent to a handwritten signature.
If any provision of these Terms is found to be unenforceable or unreasonable in scope, the remaining provisions shall remain in full force and effect. Any such provision shall be modified by a court or arbitrator to the minimum extent necessary to make it enforceable under applicable law, consistent with New Jersey statute and case law.
Any dispute, claim, or controversy arising out of or relating to these Terms or participation on the Platform shall be resolved exclusively through binding arbitration administered in accordance with the rules of the American Arbitration Association (“AAA”).
The arbitration shall be conducted by a single arbitrator selected by the Boardroom. The arbitrator’s decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.
Any limitations on recoverable amounts shall be as expressly set forth elsewhere in these Terms.