Cancellation & Payment Policy

Executive Summary

This Cancellation & Payment Policy is designed to (1) clearly define what you purchased and when payments are earned, (2) eliminate ambiguity around milestone-based payments, (3) set objective participation and reporting standards so results-related complaints don't become “refund arguments,” and (4) strengthen dispute/chargeback defense through documentation, evidence preservation, and defined remedies. This policy does not promise earnings or deal outcomes; it focuses on service delivery and program access.

Definitions

For purposes of this Policy:

  • “Company” means Operator Execution Program, operated by Blue Water Properties FL LLC.
  • “Client” means the purchaser and any entity the purchaser controls that participates in or benefits from the Program.
  • “Program” means the coaching, materials, community access, and sessions included in the tier purchased by Client.
  • “Program Term” means the active service window as stated at purchase (commonly six (6) months unless otherwise stated in writing by Company).
  • “Access Granted” means any one or more of the following occurs: (a) Client is invited to or joins Company's community platform (e.g., Slack), (b) Client receives or can access any paid program materials, frameworks, templates, recordings, or downloads, (c) Client schedules or attends any coaching session, or (d) Company performs any onboarding, deal review, analysis, or support.
  • “Business Day” means Monday through Friday excluding U.S. federal holidays.

Electronic Acceptance and Records

Client agrees that this Policy and the Program agreement may be accepted electronically (including via checkbox assent, e-signature, or online checkout) and that electronic records and signatures will not be denied legal effect solely because they are electronic.

Milestone-Based Payment Clause (50% Upfront / 50% Milestone)

Certain Program tiers are offered with milestone-based pricing (the “Milestone Tiers”). For Milestone Tiers, Client agrees to the following:

  1. Upfront Payment (Earned at Commencement). Client shall pay 50% of the total Program fee upfront prior to onboarding and prior to Access Granted (unless Company agrees otherwise in writing).
  2. Milestone Balance. The remaining 50% balance (“Milestone Balance”) becomes due upon Client's first Qualifying Deal Event (defined below).
  3. No Profitability Condition. The Milestone Balance is not contingent upon profitability, net proceeds, financing approval, resale price, or Client's subjective satisfaction. It is triggered solely by the objective occurrence of a Qualifying Deal Event.

Qualifying Deal Events (Trigger Definitions)

A “Qualifying Deal Event” is the first occurrence of either a Fix & Flip event or a Wholesale event that is connected to Client's real estate investing activity during the Program Term or Survival Period (defined below).

Fix & Flip Qualifying Deal Event

A Fix & Flip Qualifying Deal Event occurs when a completed renovation property that Client acquired and renovated is listed for sale, meaning it is actively marketed for sale through one or more of the following:

  • Listed on the MLS (or MLS-equivalent), or
  • Listed through a licensed brokerage on a major public real estate platform, or
  • Publicly offered for retail sale with a listing agreement and active marketing.

Evidence may include a listing link, MLS sheet, broker confirmation, screenshots, or written confirmation from the listing agent/broker.

Wholesale Qualifying Deal Event

A Wholesale Qualifying Deal Event occurs when a wholesale contract has been successfully assigned to a third-party buyer for consideration, evidenced by either:

  • An executed Assignment Agreement, or
  • Written confirmation from the title/closing company that an assignment has been executed (or that the transaction is being processed as an assignment) and identifying the assigned buyer.

Notice Requirement and Payment Timing

  1. Client Notice. Client must notify Company within 48 hours of any Qualifying Deal Event occurring or being scheduled to occur (including listing activation, executed assignment, or title confirmation).
  2. Payment Deadline. The Milestone Balance is due within five (5) Business Days after the Qualifying Deal Event.
  3. Failure to Notify. Failure to provide timely notice does not delay, reduce, or eliminate Client's obligation to pay the Milestone Balance once the Qualifying Deal Event has occurred.

Anti-Avoidance and Good Faith

Client agrees to act in good faith and not to engage in conduct intended to avoid payment obligations.

  1. Anti-Avoidance. Client will not intentionally:
    • Conceal a Qualifying Deal Event,
    • Delay listing activation or assignment execution solely to avoid triggering payment,
    • Structure transactions through affiliates/entities to evade identification as Client-controlled activity, or
    • Misrepresent whether a property is listed or whether a contract has been assigned.
  2. Good Faith Cooperation. Client agrees to reasonably cooperate in providing verification or documentation of a Qualifying Deal Event upon request.

Program-Term Survival Clause (12-Month Connected Transaction Rule)

Even if the Program Term ends, Client's payment obligations related to the Milestone Balance may survive.

  1. Survival Period. If a Qualifying Deal Event occurs within twelve (12) months after Client's enrollment date and is a Connected Transaction, the Milestone Balance remains due.
  2. Connected Transaction (Objective Connection Standard). A transaction is a “Connected Transaction” if any of the following is true:
    • The deal was submitted to Company for review (via form, Slack, email, or call), or
    • The deal, rehab, underwriting, offers, contracting, disposition, or execution steps were discussed in coaching sessions, or
    • Client used Company-provided templates, frameworks, documents, scripts, underwriting tools, contractor systems, or vendor guidance materially related to the transaction, or
    • The deal was sourced through Company community connections, introductions, or referrals.

Client Obligations (Eligibility, Cooperation, and Program Standards)

Client acknowledges that coaching effectiveness depends on Client participation and the accuracy/availability of information provided. Client agrees to the following obligations:

  1. Onboarding Completion. Client must complete onboarding steps (forms, account setup, community join, scheduling first call) within seven (7) days of purchase or as otherwise specified in onboarding instructions.
  2. Timely Communication. Client must respond to Company requests, questions, scheduling communications, and documentation requests within seventy-two (72) hours, unless Client provides prior notice of absence in writing.
  3. Minimum Participation Standard. Client agrees to actively participate by:
    • Attending scheduled sessions, and
    • Completing reasonable action items assigned or clearly recommended by Company.

    Failure to participate does not constitute non-delivery by Company.

  4. Deal Reporting and Transparency. Client agrees to provide truthful, timely reporting of:
    • Deals under review, under contract, under renovation, listed, pending assignment, assigned, or closing, and
    • Any Qualifying Deal Event triggers as required above.
  5. Documentation Delivery. For deal review, Client must provide requested information within a reasonable timeframe, which may include: property address, photos/video, seller terms, repair notes, agent/wholesaler packet, title/occupancy status (if known), and any executed documents needed for review.

Scheduling, Missed Sessions, and Use-It-or-Lose-It Policy

  1. Scheduling. Sessions must be scheduled using Company's designated scheduling method. Company may require rescheduling if Client fails to provide required deal documentation or onboarding prerequisites in advance.
  2. Reschedule / Cancellation Window. Client must provide at least 24 hours' notice to reschedule a session.
  3. No-Shows. If Client does not attend (“no-show”) or cancels late, the session is considered forfeited and counts as a used session opportunity.
  4. No Extensions for Non-Participation. Missed sessions, failure to schedule, or inactivity by Client does not extend the Program Term unless Company expressly agrees in writing under the narrow remedy provisions below.

Cancellation Policy and Strict No-Refund-After-Access Rule

  1. Pre-Access Cancellation (Limited). If Client cancels before Access Granted, Company may, in its sole discretion, approve a cancellation subject to:
    • A reasonable administrative fee, and
    • Non-refundable payment processing fees actually incurred.

    (If Access has been granted, this section does not apply.)

  2. No Refund After Access Granted. Once Access Granted occurs, all payments are earned and non-refundable, and Client is not entitled to chargebacks, reversals, partial refunds, prorations, or “unused time” refunds.
  3. Non-Participation Is Not Grounds for Refund. Failure by Client to take action, submit deals, attend sessions, communicate timely, or implement guidance is Client non-performance and does not create any refund entitlement.

Narrow Remedies (Make-Good Only)

If Company materially fails to provide the specific services included in the purchased tier (for reasons within Company's reasonable control), Client's sole remedies are limited to one of the following, at Company's reasonable discretion:

  • A make-good session (replacement of a missed session), and/or
  • A short extension of access for the limited purpose of delivering the missed service.

No other remedies are provided, including no guaranteed outcomes, no earnings guarantees, and no refunds after Access Granted.

Chargebacks and Dispute Defense

  1. Internal Dispute First (Required). Before initiating any payment dispute, chargeback, or reversal, Client must provide written notice to Company describing the issue and requested remedy and allow Company ten (10) Business Days to investigate and respond.
  2. Chargeback as Material Breach. Initiating a chargeback after Access Granted constitutes a material breach of this Agreement and may result in immediate termination of access, suspension of services, and referral to collections.
  3. Evidence Company Will Submit. In any chargeback, dispute, or processor review, Client agrees Company may submit relevant evidence, including but not limited to:
    • Checkout records, signed agreements, and/or e-signature logs
    • Proof of Access Granted (community invitation/join logs, portal access logs, downloads)
    • Delivered materials (frameworks, guides, templates, recordings)
    • Communication logs (Slack messages, emails, onboarding instructions, reminders)
    • Scheduling records and attendance history
    • Payment receipts, invoices, and transaction metadata
    • Deal submission forms and deal review records
    • Any deal documents establishing a Qualifying Deal Event (listing evidence, executed assignment, title/closing confirmations)
  4. Client Indemnity for Dispute Costs. Client agrees to reimburse Company for chargeback fees, administrative costs, and reasonable collection expenses (including attorneys' fees where permitted) arising out of a chargeback or payment dispute that violates this Policy.
  5. No Waiver of Consumer Rights. Nothing in this Policy is intended to unlawfully limit rights a consumer may have under applicable law regarding billing disputes.

Data & Evidence Preservation (Consent to Use Communications)

  1. Records and Recordings. Client consents that Company may maintain business records related to service delivery, including communications, attendance, deal submissions, and access logs.
  2. Use as Evidence. Client expressly agrees that communications and records (including Slack, email, scheduling logs, and any submitted deal documentation) may be used as evidence to (a) verify performance of services, (b) resolve disputes, (c) defend chargebacks, and (d) enforce payment obligations.
  3. Retention. Company may retain such records for a commercially reasonable period consistent with compliance, tax, and dispute-defense needs.

No Earnings or Outcome Guarantees

Client acknowledges that the Program provides education, structure, and execution support, but does not guarantee contracts, closings, profits, financing, investment returns, or business outcomes.

Severability and Governing Law

  1. Severability. If any provision of this Policy is determined to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
  2. Governing Law / Venue. This Policy is governed by the laws of the State of Florida, without regard to conflict-of-law rules. Any permitted legal action shall be brought in a court of competent jurisdiction located in Florida, unless Company elects an alternative lawful forum.