THIS AGREEMENT (hereinafter: the “Agreement”) is made and entered into as of the effective date, by and between the Parties. This Agreement sets forth the legally binding terms and conditions for the Agreement.
IN CONSIDERATION OF this Agreement, the Parties hereby acknowledge, understand and agree to be bound by the following terms and conditions.
PURPOSE OF AGREEMENT
- The services selected by the Client are: membership inside The Accelerator (hereinafter: the “Services”).
SCOPE OF WORK
- The Parties agree to the following program and services: The Accelerator
- Live trainings and workshops facilitated by the Company
- Coworking and GSD sessions facilitated by the Company
- Social mixers and brainstorming sessions
- Tech support and hands-on ops calls with the Company
- Directory of members for connection, referrals, and networking
- Unlimited Slack support for members only
- Call topics and schedule fluctuate each month
TERM OF AGREEMENT
- The term of this Agreement (hereinafter: the “Term”) will begin on the Effective Date and shall remain in full force and effect until canceled by the client or until the end of the term selected at checkout (hereinafter: the “Termination Date”).
- The Services must be used by the Termination Date or they will be forfeited by the client. It is the Client's responsibility to use the services as outlined in this agreement. Non-utilization of services by the Termination Date does not constitute eligibility of a refund.
- The Client agrees and accepts that they are solely responsible for creating and implementing their own physical, mental and emotional well-being, decisions, choices, actions and results arising out of, or resulting from the Services, and accepts they are fully responsible for their own progress and results throughout and after the Services.
- In exchange for Services, the Client agrees to pay the Company the fee for the Services as stated on the checkout page. If selecting a monthly subscription plan option, subsequent payments will be due monthly and based on the plan selected at checkout.
- The Company accepts payment through Kajabi as mutually agreed upon between the Parties and the Client understands they will be charged in the amounts as listed at checkout.
- The Client authorizes upon their first transaction for the Company to charge their credit card account provided in accordance with the payment plan the Client has selected. The Client agrees to provide complete, current, and accurate payment information and to update the Company should any payment information change, prior to the payment due date.
- If payment is not received from the Client’s prescribed payment option, membership to the Services will be terminated immediately.
- The Client accepts that the Services may be refused if payment has not been made as required by this Agreement, and that the Company reserves the right to cancel any Services, and or terminate this Agreement if there is a failure in paying the required fees.
- The Client shall not make any chargebacks to the Company’s account. The Client shall pay for any fees associated with recouping payment, including but not limited to collections fees and attorneys’ fees.
- The Company does not offer any refunds. If the Client is deeply unhappy you may email the Company to discuss your options. Please email [email protected] All refunds are subject to the discretion of the Company.
- The Client understands that subject to the refund policy herein, all sales are final and are not eligible for any refund under any circumstance, be it known or unknown, now or in the future. The Client further agrees and understands that changing their mind about the Services, failing to complete, follow-through or understand the details of the Services, not experiencing the results they expected or desired, or experiencing any other similar feelings or situations will not, under any circumstance, warrant a refund.
- The time and date of the Services will be determined by the Company. The sessions shall vary in length at the discretion of the Company.
- In the performance of its obligations hereunder, the Company shall have the right, in its sole discretion, to assign, transfer, charge, delegate or subcontract its rights and responsibilities to any third party, provided that the Company shall remain responsible for the performance of any such third party. The Client shall not, without the Company’s prior written consent, assign or transfer in any other manner with all or any of the Client’s rights or obligations under the Agreement.
- The Services may be canceled at any time by the client. After cancellation, no future charges will be made and access to the Services will be removed on the Termination Date.
- The Client further understands that the Company retains the right to, and may limit, suspend or terminate the Services prior to the Termination Date, without refund if the Client (i) becomes disruptive or difficult to work with, (ii) fails to follow program guidelines, (iii) is found to harass the Company or other students of the Company, (iv) participates in copyright infringement of any Intellectual Property produced and/or developed by the Company, (v) is negatively speaking about the program and or Services offered by the Company in public forums without prior consultation with the Company as outlined herein. The Client accepts that the Company will provide a formal warning prior to termination.
PRIVACY AND CONFIDENTIALITY
- The Client understands that the Company and Client relationship does not constitute a legally confidential relationship (as is in the medical and legal professions) and therefore understands that communications are not subject to the protection of any legally recognized privilege.
MEDIA RELEASE AND TESTIMONIALS
- The Client understands that the Company may want to share parts of the Services and/or results of the Services provided, for future training and/or marketing purposes.
- The Client grants permission for the Company to photograph, and/or record any sessions and/or work conducted in which the Client is participating, and further acknowledges that the Company may use the photographs, motion pictures, videotapes, recordings or any other record of the Client’s participation in the sessions and/or work conducted for purposes of social media, website, advertising, online courses and archiving.
- In the event the Client provides a testimonial, the Client grants full permission for the Company to use any and all photographs, motion pictures, videotapes, written words and/or the recording for marketing purposes.
- The Client releases the Company from all claims by which the Client may have now or in the future for compensation of any kind arising out of the Client’s participation in the aforementioned photographs, motion pictures, videotapes, recordings or any other record of the Clients participation in the Services or related activities.
- The Company retains all ownership rights to the materials provided during the Client’s participation under this Agreement (hereinafter: the “Materials”). The Materials include all forms of media, including written, oral or video, in whatever format presented, including hard copy, electronic or recordings. All Materials will be deemed to be copyrighted materials under applicable law. The Materials provided to the Client are for individual use only and provided with a single-user license. The Client is not authorized to share, copy, distribute, or otherwise disseminate any of the Materials without the Company’s express prior written consent. All intellectual property, including the Materials, shall remain the sole property of the Company and no license to sell or distribute the Materials is granted and/or implied herein. The Client agrees not to reproduce, duplicate, copy, trade, resell or exploit for any commercial or personal purposes, any portion of the Services, including any of the Materials. The Client will be responsible for all incurred loss, cost, damage or expenses arising out of or in connection with the unauthorized use of the Materials, including all direct, indirect or consequential loss, and will indemnify and hold the Company harmless from all such unauthorized use of Materials.
- The Company makes no representations, warranties, guarantees or promises verbally or in writing, pertaining to the achievement of any level of results from the Clients participation in, or use of the Services. The Client understands and agrees that they are voluntarily choosing to enroll in the Services and are solely responsible for any outcomes or results. While the Company believes in the Services being provided, and that the Services are able to help many people, the Client acknowledges and agrees that the Company is not responsible nor liable to the Client should the Client sustain any injuries, incur harm, or encounter any negative ramifications in response to, or during their participation in, the Services. The Client accepts that they are fully responsible for their own health and well-being, participation in Services and any personally achieved results therein.
- The Client understands that the Company does not offer any professional, medical, psychological or financial advice and that it is their exclusive responsibility to seek such independent professional guidance as needed.
- The Client understands that the Services are not therapy, and/or counseling, and therefore does not substitute therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease. The Client confirms and agrees that they will not use the Services as a substitute for counseling, psychotherapy, mental health care or substance abuse treatment.
- The Client accepts that if they are currently under the care of a mental health professional, it is recommended that the Client promptly inform the medical health care provider details of the nature and extent of the Services agreed upon by the Client and the Company. The Client understands that if during the course of the Services, the Company feels that the nature of the discussion is outside of the scope in which the Company is able to provide services, that the Company will either refer the Client to someone else and/or terminate the Services with a refund pro-rata.
LIMITATION OF LIABILITY
- The Client agrees that the Company is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of the Services and/or Materials provided by the Company. In no event shall the Company be liable to the Client for any indirect, consequential or special damages.
- The Client shall defend, indemnify, and hold harmless the Company, from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the Services, excluding, however, any such expenses and liability which may result from a breach of this Agreement or sole negligence or willful misconduct by the Company. In consideration of, and as part of, the Client’s payment for the right to participate in the Services, the undersigned, heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge the Company and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, assigns and staff or students from all actions, causes of actions, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from the Client’s participation in the Services.
NO NEGATIVE STATEMENTS OR ACTIONS
- The Client shall not at any time, directly or indirectly, take any action and/or make, publish, file or record any oral or written statements that would likely have a negative or injurious impact upon, or that is derogatory, defamatory, libel or slanderous in nature to the Company and/or Services in any way.
- The Company may modify this Agreement from time to time. Any modifications will be notified to the Client, and the Client may either continue the Services under the new conditions or the Agreement will be terminated.
- The Client understands that without any notice to the contrary, by continuing the Services after notification shall enforce the modified Agreement as effective and the Client agrees to be bound to any changes in the Agreement.
- In the event a dispute arises out of this Agreement and cannot be resolved by mutual consent, the Parties agree to attempt to mediate in good faith for up to thirty  days after notice is given. If the dispute is not so resolved, and in the event of legal action, the prevailing Party in any legal action will be entitled to be paid by the other Party, all costs and expenses incurred, including but not limited to, attorneys’ fees.
- If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
- If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
- The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
- Either Party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either Party that materially affects the performance of the Services, such as:
- an act of God (inclusive of natural disasters, fires, explosions, earthquakes, hurricanes, flooding, storms or infestation);
- or other (inclusive of hostility, war, invasion);
- or any hazardous situation created outside the control of either Party (inclusive of a riot, pandemic, disorder, nuclear leak or explosion, or act or threat of impending terrorism).
- This Agreement shall be interpreted and governed in accordance with the laws of North Carolina.
- This Agreement shall be legal and binding upon the Parties hereto and their respective successors and permissible assigns. The Parties each represent that they have the authority to enter into this Agreement.