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The Exchange Program Agreement

The Exchange Program Agreement

Effective Date: September 15, 2026
Program: The Exchange — Fall 2026 Cohort

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This The Exchange Program Agreement (“Agreement”) governs participation in The Exchange, an educational and coaching program offered by The Cafe Operator (“The Cafe Operator,” “we,” “us,” or “our”).

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By enrolling in, purchasing, or participating in The Exchange, you (“Participant” or “you”) acknowledge that you have read, understood, and agree to this Agreement.

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Please review it carefully before enrolling.

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1. The Exchange

The Exchange is a business education and coaching accelerator designed for coffee shop owners, operators, and other eligible participants.

The Fall 2026 Cohort is structured as a 30-week program and includes a combination of:

  • 22 scheduled group sessions

  • 8 total one-on-one coaching sessions

  • Educational materials and resources

  • Exercises, assignments, and templates where applicable

  • Access to applicable program community features

  • Recordings of scheduled sessions as provided by the program

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The published Fall 2026 schedule begins with Intro Night on October 22 and concludes with Accelerator Wrap-Up on June 3.

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Seven one-on-one sessions appear at scheduled points in the program, with one additional coaching session available for the participant to use when needed during the program.

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2. Program Schedule

The Fall 2026 Cohort is generally scheduled for:

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Thursdays
3:00 PM–4:30 PM Pacific Time

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Participants are responsible for converting session times to their own time zone and attending at the appropriate time.

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The program includes scheduled holiday breaks, including Thanksgiving and the December holiday period.

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The Cafe Operator may make reasonable changes to session dates, times, topics, instructors, delivery methods, or sequencing when necessary.

We will make reasonable efforts to notify participants of material schedule changes.

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3. Educational Nature of the Program

The Exchange is an educational and coaching program.

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Information provided through the program may address topics including business finances, expenses, bookkeeping, menu costing, sales, labor, company structure, human resources, hiring, training, employee evaluations, management, and other business matters.

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The published curriculum includes these types of operational and financial subjects.

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The Exchange does not constitute legal, tax, accounting, investment, employment-law, financial, or other licensed professional advice.

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Participants remain responsible for their own business decisions and should consult appropriately qualified professionals when specialized advice is required.

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4. No Guarantee of Results

Participation in The Exchange does not guarantee any particular result.

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The Cafe Operator does not guarantee:

  • Increased revenue

  • Increased profitability

  • Reduced expenses

  • Business growth

  • Successful hiring or employee retention

  • Financing or investment

  • Successful business launch

  • Successful expansion

  • Improved valuation

  • Any specific financial or operational outcome

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Business results depend on numerous factors outside The Cafe Operator's control.

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Examples, case studies, strategies, projections, or participant experiences discussed during the program are educational and are not promises of future performance.

You remain responsible for all decisions concerning your business and for determining whether and how to implement information discussed during The Exchange.

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5. Enrollment and Program Fees

The price of The Exchange and available payment options will be disclosed before enrollment.

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By enrolling, you agree to pay the full program price disclosed and accepted at checkout or in your enrollment materials.

If you select a payment plan, the payment plan is a method of paying the program price over time.

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A payment plan is not a month-to-month membership.

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Unless otherwise expressly stated in writing or required by applicable law, withdrawing from the program does not automatically cancel remaining amounts owed under an agreed payment plan.

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6. Authorization for Recurring Payments

If you select a payment plan, you authorize the applicable payment processor to charge the payment method provided according to the payment schedule presented at enrollment.

You agree to maintain a valid payment method while amounts remain due.

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If a payment fails, The Cafe Operator may make reasonable attempts to collect the outstanding amount and may suspend access to the program until the account is brought current.

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7. Cancellation and Withdrawal

The Exchange reserves limited cohort capacity and requires substantial advance planning, scheduling, and resource commitments.

Accordingly, enrollment should be considered a commitment to participate in the full program.

Any cancellation or refund period specifically offered during enrollment will be disclosed before purchase.

After any applicable cancellation period has expired, program fees are generally non-refundable, except where otherwise required by law or expressly agreed to by The Cafe Operator in writing.

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A participant who voluntarily stops attending the program is not automatically entitled to a refund or release from valid outstanding payment obligations.

Nothing in this Agreement limits cancellation, refund, or other consumer rights that cannot lawfully be waived.

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8. Missed Group Sessions

Participants are encouraged to attend scheduled group sessions.

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If you miss a session, you are not automatically entitled to:

  • A refund

  • A partial refund

  • A private replacement session

  • An extension of the program

  • A reduction in program fees

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Scheduled sessions are recorded according to the program schedule, and recordings may be made available to participants as part of the program.

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The availability of a recording does not guarantee that every interaction, discussion, technical issue, or portion of a session will be captured perfectly.

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9. One-on-One Coaching Sessions

The program includes eight total one-on-one coaching sessions.

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Seven are associated with scheduled points in the program, and one additional coaching session is intended to be used when the participant needs it during the program term.

Participants are responsible for scheduling and attending their coaching sessions according to instructions provided by The Cafe Operator.

If a participant needs to reschedule a coaching session, at least 24 hours' notice should be provided.

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A coaching session canceled with less than 24 hours' notice or missed without notice may be considered used, except where The Cafe Operator agrees otherwise or applicable law requires otherwise.

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Unused coaching sessions expire at the conclusion of the program unless The Cafe Operator agrees in writing to an extension.

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10. Recording Notice and Consent

The Exchange includes recorded sessions.

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By participating in a session identified as being recorded, you acknowledge that your name, voice, image, video, comments, questions, chat messages, presentations, and other participation may be captured in the recording.

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Before recording sessions in which participants may be identifiable, The Cafe Operator will provide notice and obtain any consent required by applicable law.

Where consent is requested, you may be required to affirmatively consent before participating in the recorded portion of the session.

Program recordings may be made available to authorized Exchange participants for educational purposes.

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Promotional Use Is Separate

Participation in The Exchange does not, by itself, grant The Cafe Operator unrestricted permission to use your name, likeness, voice, business, testimonial, or identifiable participation in public advertising or promotional materials.

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Where additional permission is required for promotional use, The Cafe Operator will request it separately.

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11. Participant Recording

Participants may not independently record, reproduce, livestream, publish, distribute, sell, or otherwise disseminate Exchange sessions without prior written authorization from The Cafe Operator.

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This includes audio recordings, video recordings, screen recordings, and substantial reproduction of program materials.

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12. Confidentiality Among Participants

The Exchange is intended to create an environment where business owners can discuss real operational challenges.

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Participants may therefore choose to discuss information concerning:

  • Revenue

  • Expenses

  • Profitability

  • Employees

  • Vendors

  • Business operations

  • Pricing

  • Business strategy

  • Internal challenges

  • Personal experiences

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Participants agree to respect the confidentiality of non-public business or personal information another participant clearly shares in the context of the program as confidential.

You may apply general lessons learned through the program, but you may not disclose another participant's identifiable confidential information outside the program without that person's permission.

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Participants should nevertheless exercise judgment about what they disclose. The Cafe Operator cannot guarantee that another participant will comply with confidentiality obligations.

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13. Intellectual Property

The Exchange and its curriculum, videos, recordings, templates, worksheets, presentations, frameworks, guides, exercises, written materials, graphics, and other program resources are owned by or licensed to The Cafe Operator and are protected by applicable intellectual-property laws.

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Enrollment gives you a limited, non-exclusive, non-transferable license to use program materials for your own education and internal business operations.

Enrollment does not transfer ownership of The Cafe Operator intellectual property.

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14. What Participants May Do With Materials

You may:

  • Use applicable templates and tools within your own business

  • Apply strategies and concepts to your own operations

  • Keep authorized downloads for your own reference

  • Share appropriate internal operational outputs with your employees when reasonably necessary to implement the material

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Unless expressly authorized, you may not:

  • Resell Exchange materials

  • Republish them

  • Upload them publicly

  • Distribute paid materials to non-participants

  • Sell access to recordings

  • Repackage the curriculum as your own

  • Create a substantially copied competing training program

  • Remove ownership or copyright notices

  • Systematically scrape or extract the program library

  • Upload substantial portions of protected program content into commercial AI systems, shared knowledge bases, datasets, or competing products

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15. Participant Work and Business Information

You retain ownership of your own pre-existing business materials and information.

Providing business information, financial information, assignments, presentations, or other materials during The Exchange does not transfer ownership of your underlying business to The Cafe Operator.

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You authorize The Cafe Operator to access and use information you submit as reasonably necessary to provide coaching, instruction, feedback, and program administration.

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16. Company Presentations

The published program includes Company Presentations near the conclusion of the accelerator.

Participants remain responsible for deciding what information they disclose during presentations.

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Do not disclose trade secrets, personally identifiable employee information, privileged communications, confidential third-party information, or other information you are not authorized to disclose.

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17. Community Standards

Participants are expected to contribute to a professional, constructive, and respectful environment.

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The following behavior may result in intervention, removal from a session, suspension, or termination from the program:

  • Harassment

  • Threats

  • Unlawful discrimination

  • Bullying or abusive conduct

  • Repeated disruption

  • Fraudulent activity

  • Unauthorized solicitation or spam

  • Misuse of participant information

  • Unauthorized distribution of program materials

  • Material breaches of confidentiality

  • Conduct that creates a legitimate safety or security concern

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The Cafe Operator may take reasonable action to protect participants and the integrity of the program.

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18. Removal From the Program

The Cafe Operator reserves the right to remove a participant for a material violation of this Agreement or serious misconduct.

Where reasonably appropriate, The Cafe Operator may provide notice and an opportunity to correct the issue before termination.

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Immediate removal may occur when reasonably necessary because of serious harassment, threats, fraud, security concerns, intellectual-property violations, or other serious misconduct.

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Refund eligibility following removal will depend on the circumstances, applicable enrollment terms, and applicable law.

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19. Changes to the Program

The Cafe Operator may make reasonable changes to curriculum, scheduling, instructors, platforms, delivery methods, materials, or program structure when necessary to operate or improve the program.

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Reasonable changes do not automatically constitute cancellation of the program.

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If The Cafe Operator materially cancels the program and does not provide a reasonable alternative, participants will receive an appropriate remedy consistent with applicable law and the circumstances.

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20. Technology

The Exchange may rely on third-party technology for:

  • Video meetings

  • Program materials

  • Community features

  • Payments

  • Email

  • Scheduling

  • Recordings

  • Member accounts

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Participants are responsible for maintaining reasonable internet access and compatible devices necessary to participate.

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The Cafe Operator is not responsible for temporary interruptions caused by a participant's equipment, internet provider, or third-party technology outside our reasonable control.

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21. Accessibility

The Cafe Operator is committed to making The Exchange reasonably accessible to participants with disabilities.

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If you need an accommodation or accessible alternative related to program participation or materials, please contact:

hello@thecafeoperator.com

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We encourage participants to contact us as early as reasonably possible so we can evaluate and address accommodation requests.

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22. Disclaimer of Warranties

To the fullest extent permitted by law, The Exchange is provided on an “as is” and “as available” basis.

The Cafe Operator does not warrant that the program will meet every participant's individual business needs or produce a particular outcome.

Nothing in this Agreement excludes warranties or statutory rights that cannot lawfully be excluded.

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23. Limitation of Liability

To the fullest extent permitted by applicable law, The Cafe Operator and its owners, employees, contractors, instructors, and agents will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, lost business opportunities, or business interruption arising from participation in The Exchange.

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To the fullest extent permitted by law, The Cafe Operator's aggregate liability arising from The Exchange will not exceed the amount actually paid by the participant to The Cafe Operator for participation in the applicable Exchange cohort.

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These limitations do not apply where applicable law prohibits their application.

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24. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless The Cafe Operator and its owners, employees, contractors, instructors, and agents from third-party claims, damages, liabilities, costs, and reasonable expenses arising from your unlawful conduct, your material violation of this Agreement, content or materials you provide in violation of another person's rights, or your unauthorized use or distribution of Exchange materials.

This provision does not require indemnification where applicable law prohibits it.

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25. Relationship of the Parties

Participation in The Exchange does not create an employment, partnership, franchise, joint venture, fiduciary, investment-advisory, attorney-client, accountant-client, or other licensed professional relationship between you and The Cafe Operator.

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You remain independently responsible for your business and its operations.

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26. Governing Law

This Agreement is governed by the laws of the State of California, except where applicable law requires otherwise.

Any additional dispute-resolution provisions separately agreed to between the participant and The Cafe Operator will apply according to their terms.

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27. Severability

If any provision of this Agreement is found invalid or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.

28. Entire Agreement

This Agreement, together with the enrollment terms accepted at purchase and applicable The Cafe Operator policies, constitutes the agreement governing participation in The Exchange.

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If specific enrollment terms expressly conflict with these general program terms, the specifically agreed enrollment terms will control with respect to that issue.

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29. Electronic Acceptance

Electronic acceptance of this Agreement has the same effect as acceptance in writing to the extent permitted by applicable law.

By checking the applicable acceptance box and completing enrollment, you acknowledge that you have had an opportunity to review this Agreement and agree to be bound by it.

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30. Contact

Questions regarding The Exchange or this Agreement may be directed to:

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The Cafe Operator
hello@thecafeoperator.com
TheCafeOperator.com

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