Momentum is a tax-exempt club, whose mission is to support men in their quest to become their best. We do that by providing an environment that offers a challenging and yet supportive environment to help men grow. In order for us to continue to provide this environment over the long run, Momentum needs to protect its members and itself from various forms of financial liability and to inform its members of the policies involved. To accomplish this goal, we need our members to confirm that they are participating in Momentum and Momentum activities at their own discretion and that they are aware of our policies. Therefore, we need our members to read, agree to and abide by the following set of policies as well as sign waivers of their rights to hold Momentum responsible for the decisions of members.

We request that you read and agree to the following:

  1. Liability Waiver
  2. Momentum Photography Policy
  3. Momentum Sexual Harassment Policy
  4. Momentum Online - Terms of Service
  5. Momentum Online - Posting Guidelines

Liability Waiver

Preamble:

Momentum is a nonprofit entity. We have 3rd party liability insurance coverage, which is often required by venues we rent for activities and events. This liability insurance does not cover members of Momentum. It only covers guests at our GM’s and other events.

Therefore, if you are injured as part of any activities you undertake with or on behalf of Momentum, we do not have a liability policy that will compensate you for short- or long-term medical expenses, lost wages, pain and suffering, emotional distress, or any other losses you might incur.

The only practical way around this legal liability to the membership is for us all to agree that we are participating at our own discretion. We assume full responsibility for our participation. If something were to go awry, those that have signed the waiver would not be able to sue Momentum or any other men in Momentum, thereby mitigating the risk to Momentum and our members.

With that as context, we ask that you understand that this is necessary and important for Momentum, and that by virtue of your membership in Momentum, you are agreeing to the following waiver.

Body:

I understand that my participation in Momentum activities is completely voluntary and at my own risk. Moreover, as a member of Momentum, I agree to assume full responsibility for my experience. I assume full responsibility for any injury or injuries, whether physical, emotional, psychological, or of any other nature, that I may sustain in relation to my participation in Momentum sponsored activities or events.

I also understand that no assurances of my safety are being made, and that there are times or circumstances where Momentum activities may be challenging. I agree to hold Momentum, and the other participants and/or facilitators of the activity completely harmless of any and all liability which in any way may arise out of or be related to my participation.

I have read this information statement. I understand that Momentum will not be responsible for any medical expenses or other losses I may incur as a result of participation in Momentum related activities. I will be responsible for my own expenses if I am injured or suffer any loss as part of my volunteer association with and membership in Momentum.

Momentum Photography Policy

Momentum allows photos and images to be taken at many Momentum-hosted events, including the monthly meetings. Attending a Momentum-hosted event implies consent to this policy.

  1. Events hosted by private individuals and teams are not governed by this policy.
  2. The Chief(s) may declare whether the taking of photos or videos is prohibited at Momentum-hosted events.
  3. Photos that show a man’s face during grove processes or periods of personal vulnerability, such as doing grief or anger work, are prohibited without express permission of the person in the image granted ahead of time.
  4. Any man not wishing to have his photo taken at an event may advise the person taking photos, however Momentum leadership is not responsible for images taken against anyone’s permission at a Momentum Event unless the Momentum leadership has been given direct notice of the objection.
  5. All images taken at Momentum events are for personal use only and may not be published in any public forum except for Momentum-owned and controlled forums such as our photo archives, website, Facebook page, and MeetUp page.
  6. Momentum-sponsored private events such as our Fall Event may have their own photo policy, to be clearly communicated to those attending. If no other photo policy is announced ahead of time or at the commencement of the Event, then this policy governs.
  7. Usage of photos or images taken at a Momentum Event in a defamatory, derogatory, political, or pornographic manner is prohibited.
  8. Selling and/or redistribution of images taken at a Momentum Event is prohibited without written consent.
  9. If a man objects to a photo published on a Momentum owned and controlled form which includes an identifiable image of him, then the photo will be removed from Momentum-owned and controlled forums, within a reasonable time, upon written request.

Momentum Sexual Harassment Policy

Momentum is committed to providing an environment free from unlawful sexual harassment.

Unlawful sexual harassment includes unwelcome sexualized conduct that which unreasonably creates an intimidating, hostile, or offensive environment. Common examples include:

  • Verbal or written conduct such as inappropriately sexualized derogatory comments, slurs, etc. whether in person or via email
  • Visual conduct such as leering, gesturing in an inappropriate sexualized way
  • Physical conduct such as unwelcome touching or fondling in an inappropriate or sexualized way
  • Unwanted romantic conduct such as sexual advances, invitations, or attention

While it is not the intent of this policy to regulate the social interaction or relationships freely entered into by Members and guests, there will be no tolerance for unwelcome conduct that violates this policy.

This policy applies to all Momentum Members and guests as well as presenters at Momentum Events.

Any Momentum Member or guest who believes they have been illegally harassed at a Momentum Event should promptly report the misconduct to the Legacy Council.

Momentum Online - Terms of Service

Terms of Use:
The following terms and conditions govern all use of the Momentum online media and all content, services and products available at or through Momentum online media including, including, but not limited to, Momentum Forum Software, (Discourse), Momentum Support Forums and the Momentum Hosting service (“Hosting”), (taken together, the “Website”).

The Website is owned and operated by (“Momentum”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Momentum Cyber policy and our Posting Policy) along with any procedures that may be published from time to time on the Website by Momentum (collectively, the “Agreement”).

Implied Acceptance by Using Website:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Momentum, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

Your Momentum Account:
If you create an account on the Website, you are responsible for maintaining the security of your account. Moreover, you are fully responsible for all activities that occur under your account. You must immediately notify Momentum of any unauthorized uses of your account or any other breaches of security.

Momentum will not be liable for any acts or omissions by your use of Website, including any damages of any kind incurred as a result of your acts or omissions.

Responsibility of Contributors:
You are 100% responsible for your posts. If you post a) material to the Website, b) post links on the Website, or c) otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content.

That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic,
  • the Content does not contain threats or incite violence,
  • the Content does not violate the privacy or publicity rights of any third party;
  • the Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
  • the content is not named in a manner that misleads your readers into thinking that you are another person or company; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Momentum or otherwise.

User Contribution Licences:
User contributions are licensed under a Creative Commons Attribution-Noncommercial Share Alike Unported License. Without limiting any of those representations or warranties, Momentum has the right (though not the obligation) to, in Momentum’s sole discretion

  1. refuse or remove any content that, in Momentum reasonable opinion, violates any Momentum policy or is in any way harmful or objectionable, or
  2. terminate or deny access to and use of the Website to any individual or entity for any reason.

In any case, Momentum will have no obligation to provide a refund of any amounts previously paid.

General Terms re Upgrades:
Optional paid services or upgrades may be available on the Website. When utilizing an optional paid service or upgrade, you agree to pay Momentum the monthly or annual subscription fees indicated. Payments will be charged on a pre-pay basis on the day you begin utilizing the service or upgrade and will cover the use of that service or upgrade for a monthly or annual subscription period as indicated. These fees are not refundable.

Automatic Renewal:
Unless you notify Momentum before the end of the applicable subscription period that you want to cancel a service or upgrade, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Your Subscriptions can be canceled at any time.

Responsibility of Website Users:

  1. Momentum disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content posted.
  2. Momentum has not reviewed, and cannot review, all of the material, including computer software, posted to the Website.
  3. Momentum is not responsible for that material’s content, use or effects.
  4. By operating the Website, Momentum does not represent or imply that it endorses the material posted, or that it believes such material to be accurate, useful or non-harmful.
  5. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
  6. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.
  7. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties.
  8. The Website may include links for or otherwise promote the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.

User is 100% responsible for use of any and all links on Website

  1. Momentum disclaims any responsibility for any harm resulting from your use of non-Momentum websites and webpages including but not limited to links or references on Website.
  2. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Momentum links, and that link to Momentum.
  3. Momentum does not have any control over those non-Momentum websites and webpages, and is not responsible for their contents or their use.
  4. By linking to a non-Momentum website or webpage, Momentum does not represent or imply that it endorses such website or webpage.
  5. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

Digital Copyright Infringement

  1. Momentum asks others to respect its intellectual property rights.
  2. Momentum respects the intellectual property rights of others.
  3. If you believe that material located on or linked to by Momentum violates your copyright, and if this website resides in the USA, you are encouraged to notify Momentum in accordance with Digital Millennium Copyright Act (“DMCA”) Policy.
  4. Momentum will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
  5. Momentum will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Momentum or others. In the case of such termination, Momentum will have no obligation to provide a refund of any amounts previously paid to Momentum.

Intellectual Property:

  1. This Agreement does not transfer from Momentum to you any Momentum or third party intellectual property.
  2. All rights, title and interest in and to such property will remain (as between the parties) solely with Momentum.
  3. Momentum’s trademarks, service marks, graphics and logos used in connection with Momentum, or the Website are trademarks or registered trademarks of Momentum or Momentum’s licensors.
  4. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Momentum or third-party trademarks.

Advertisements:

  1. Momentum reserves the right to display advertisements on your content unless you have purchased an Ad-free Upgrade or a Services account.

You are responsible to keep abreast of changes in Terms of Service Agreement. This Agreement supersedes any changes to Website:

  1. Momentum reserves the right, at its sole discretion, to unilaterally modify or replace any part of this Agreement.
  2. It is your responsibility to check this Agreement periodically for changes.
  3. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
  4. Momentum 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 be subject to the terms and conditions of this Agreement.

Termination:

  1. Momentum may unilaterally and in its sole discretion terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective instantly.
  2. If you wish to terminate this Agreement or your Momentum account (if you have one), you may simply discontinue using the Website.
  3. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

No Express or Implied Warranties by Momentum
The Website is provided “as is”.

  1. Momentum and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
  2. Neither Momentum nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.
  3. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability:
In no event will Momentum, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:

  1. any special, incidental or consequential damages;
  2. the cost of procurement for substitute products or services;
  3. for interruption of use or loss or corruption of data; or
  4. for any amounts that exceed the fees paid by you to Momentum under this agreement during the twelve (12) month period prior to the cause of action.
    Momentum shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty:
You represent and warrant that

  1. your use of the Website will be in strict accordance with the Momentum’s Terms of Service, with Momentum’s other policies, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the country in which this website resides or the country in which you reside) and
  2. your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification of Momentum:
You agree to indemnify and hold harmless Momentum, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Venue:
This Agreement constitutes the entire agreement between Momentum and you concerning the Website.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions.

The proper venue for any legal disputes arising out of or relating to any of the same will be the state and federal courts located in Santa Clara County, California.

Binding Arbitration:
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules.

The arbitration shall take place in Santa Clara County, California, in the English language and the arbitral decision may be enforced in any court.

Attorney Fees:
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

Other Legal Clauses:
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.

A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Momentum may assign its rights under this Agreement without condition.

This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

This document was last updated February 8, 2023.