Terms and conditions of Boomerang
Definitions
Below are the meanings of the most common definitions from these general terms and conditions.
App: The platform developed specifically for and by Boomerang that combines training, user tools, communication tools and a dashboard that allows members to track their network KPIs.
Boomerang: Boomerang Business Collective USA, LLC.
Boomerang Academy: het online trainingsplatform.
Boomerang Bootcamp: a mandatory training for new members (organized partly live and partly online).
Business Collective: a group of at least 25 members holding meetings under the direction of the Boomerang Consultant in the manner and with the content described in the Boomerang training module.
CollectiveStart Collectief or a Business Collectief.
Contribution: the dues payable by members, the rates of which are set annuallybe established.
Members: persons who are members of a Collective.
Start Collective: a Business Collective which does not yet have any or no more than 24 paying members has. If an existing group drops below 17 members, it automatically lapses into a Start Collective.
System: See App.
- Each Collective is represented by a Boomerang Consultant. This Boomerang Consultant is responsible for mentoring the Collective, training for board members, training for the various positions within the Collective, and training and mentoring new members.
- The board of the Collective consists of the president, vice president and secretary. These board members are appointed annually from the membership on the recommendation of the Boomerang Consultant. A member may serve a maximum of 2 consecutive terms on the Board.
- Together with the board, the Boomerang Consultant forms the Leadership Team. The Leadership Team adjudicates membership applications from new members and renewal applications from existing members. If there is no unanimous vote on an application then the Leadership Team will take a vote. With the same number of votes, the Boomerang Consultant’s vote is decisive.
- Members represent a specialization within their field. Only one delegate of this specialty will be present per Collective. If discussion arises about this specialization, from several applications from new members where the specialization threatens to overlap then the incumbent member can submit a request to the Leadership Team for a decision on this.
- If a situation arises involving one of the board members will abstain and the majority vote of the remaining two board members and the Boomerang Consultant will prevail.
- Boomerang members meet weekly. Given the great importance of member attendance to the success of the Collective, members agree with each other that if they cannot attend the weekly meeting, they will send a substitute to take their place.
- If a member is absent more than three times in a consecutive 26-week period then that member’s membership will be terminated. There will be no refund of dues. The Leadership Team is authorized to provide a voucher to the member as a courtesy to take advantage of the remaining term of membership at a later time or with another Collective. The Leadership Team is authorized to decide on this (binding), this cannot be objected to.
- Individuals can only be members of one Collective. Companies may be affiliated with multiple Collectives if different individuals serve on behalf of the company in the various Collectives.
- Member dues are billed annually in advance for the term of one year. Membership may be terminated mid-term without notice. When terminating a membership early, a voucher can be requested to use the remaining term later or at another Collective. There is no refund in all cases. The amount of dues may be adjusted annually. In addition, costs will be passed on to members from the Collective for breakfast meetings, the venue and/or activities.
- By entering into membership with Boomerang, the member obtains access and agrees to the arrangements regarding the weekly meetings, the Boomerang Academy including the Boomerang Bootcamp, the system and the app. It also showcases and promotes members and their businesses through the Collective’s website and social media channels. During meetings or other events, photos and/or videos may be taken that may be used publicly, such as on the website and social media. Members and guests agree to this.
- When building a Collective to the minimum number for launch of 25 members, the Collective is called a Start Collective. During this period, prospective members can apply to join the future Collective. These prospective members receive an invoice and pay dues at the time of application. In this way, the specialization of the member in question is established. However, the actual term for dues does not start until a Business Collective is launched at 25 or more members. If the Start Collective does not reach 25 members and the Boomerang Consultant decides not to launch, the prospective members will get their full deposit back.
- In this statement, “Boomerang” refers to Boomerang Business Collective USA, LLC, your partner in structured building long-term valuable relationships that generate a stream of warm recommendations. Boomerang provides a platform for entrepreneurs to increase sales through a structured, automated and supportive network. “Intellectual property” includes all rights relating to creative, original works, procedures and systems including but not limited to copyrights, trademark rights, word and image trademarks, and know-how. While participating in Boomerang, Boomerang grants an exclusive license to use of the intellectual property for Boomerang’s internal activities and purposes, including but not limited to sharing information, exchanging ideas and promoting collaboration within the Collectives. Boomerang recognizes the importance of protecting intellectual property of both the intellectual property it develops and that of its members. Members agree to respect the intellectual property rights of other members and to keep confidential Boomerang information and materials confidential. Members will refrain from the unauthorized copying, reproduction, distribution or use of Boomerang and other members’ intellectual property without prior written permission. In the event of disputes regarding intellectual property between members of Boomerang, the parties will seek an amicable resolution. If no amicable solution is reached, the dispute may be submitted to the competent Dutch court. Upon termination of membership in Boomerang, each member shall retain his or her intellectual property rights as provided in this Article. This intellectual property statement is effective for all members and delegates of Boomerang and aims to provide a framework for respecting, protecting and using intellectual property within the Collective.
- Boomerang is not liable for any damages (which includes direct damages as well as indirect/consequential damages) from the (possible consequences of) conduct and/or omissions of members (which also includes the Leadership Team) or damages incurred during or in connection with meetings or activities of Boomerang. This includes, but is not limited to, the dissemination of information shared by a member to third parties, the use of information shared by members to other members or third parties, the consequences of posting photo or video material on the website or social media of Boomerang/members/third parties, (physical) injury to members or damage, loss or alienation of members’ property, except in the situation of intentional or deliberate recklessness on the part of Boomerang, which members also includes the Leadership Team in each case.
- Payment of the dues referred to in Article 9 must be made within fourteen days of the date of the invoice. If payment is not made, a notice of default will be sent. In doing so, the member shall pay default interest equal to the applicable legal commercial interest rate from the date of the notice of default. Boomerang will proceed with collection in the event of non-payment. The costs associated with collection (including extrajudicial costs) shall be borne entirely by the member. The extrajudicial costs to be paid by the member shall be determined according to the graduated scale as contained in the Decree on Compensation for Extrajudicial Collection Costs.
- If a member violates the Code of Ethics then the Leadership Team is authorized to terminate membership with immediate effect. There will be no refund of dues and also no voucher to use the remaining term later or with another Collective. If there is no unanimous vote on termination then the Leadership Team will take a vote. With the same number of votes, the Boomerang Consultant’s vote is decisive.
- The legal relationship between a member (this includes the Leadership Team) and Boomerang is governed by Dutch law. All disputes between the parties shall be submitted exclusively to the District Court of North Netherlands, Groningen location.
- By using Boomerang’s services and being part of the Boomerang network, the member accepts these Terms and Conditions. These Terms and Conditions can be found on Boomerang’s website (https://boomerang-bc.co.uk/) or can be requested free of charge by sending an e-mail to[email protected].