Love Retreat Terms & Policies

SACRED STYLIST PROGRAM TERMS AND CONDITIONS

SACRED STYLIST COURSE AND GROUP COACHING PROGRAM AGREEMENT

THIS COURSE AND COACHING PROGRAM AGREEMENT (“Agreement”) is made effective as of [Date of Signing], by and between Hair Love Retreat, LLC (hereinafter known as Course Provider) and the signatory to this Agreement (hereinafter known as Client) (collectively the “Parties”).

WHEREAS, the Course Provider is a limited liability corporation established under the laws of Utah which offers online educational services to professional hairstylists who wish to improve their businesses, and 

WHEREAS, the Client desires to obtain access to the services of the Course Provider, 

NOW, THEREFORE, in consideration of the mutual covenants, agreements, and obligations hereinafter set forth, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties, intending to be legally bound, hereby agree to the following terms of this Agreement. 

Definitions:

The following definitions will apply to the terms contained in this Agreement:

  • “Client”, “the user”, “the participant” shall mean the participant of the Course and a user of the Website.
  • “Course” shall mean the Sacred Stylist online course offered by Hair Love Retreat, LLC, which is a twelve (12) month course for professional hairstylists who are seeking information and tools to improve their business operations & personal life fullfilment. 
  • “Course Website” or “Website” shall mean the Course Provider’s website, which is where the Course shall be hosted. 
  • “Course Start Date” shall mean [Date].
  • “Course End Date” Shall mean [Date].
  • “Course Provider” shall mean the creator, operator, and publisher of the Course, and is responsible for providing the Course publicly. Course Provider, us, we, our, ours, and other first-person pronouns will refer to the Course Provider, as well as, if applicable, all employees and affiliates of the Course Provider.
  • “Parties” shall refer to, collectively, the parties to this Agreement (Course Provider and Client) will be referred to as Parties.
  • “Total Course Fees” shall mean the total amount of money that the Client is required to pay to the Course Provider for access to the Course. This amount shall be Four Thousand Four Hundred Forty-Four US dollars ($4444.00), taxes excluded where required. 

 

TERMS AND CONDITIONS

SACRED STYLIST TERMS

 

  • Assent and Acceptance. By purchasing and participating in the Course the Client warrants that they have read and reviewed this Agreement and that they agree to be bound by it. If the Client does not agree to be bound by this Agreement, they must cease their participation in the Course immediately. If they do so after purchase, they will not be entitled to any refund. Course Provider only agrees to provide the Course to the Client if they assent to this Agreement.

 

  • Age Restrictions. The Course is not designed for minor participants who are under the age of eighteen (18) years old. If the Client is below the age of 18, then they are not qualified to use this Course or to use this Website. By the act of registering for the Course, the client is warranting to the Course Provider that they are over the age of 18 (eighteen) and are legally eligible to enter into this Agreement. The Course Provider expressly disclaims any and all liability and assumes no responsibility for any misrepresentations that the Client may make with regards to their age and participation in this Agreement. 

 

  • License. Subject to the terms and conditions of this Agreement, the Course Provider is granting to the Client, a limited, non-exclusive, non-transferable, revocable license to access and use the Course and the associated information contained within. The Course Provider may provide the Client with certain information as a result of their accessing the Course through the Website. Such information may include but is not limited to, documentation, data, or information developed by the Course Provider and other materials which may assist in the Client’s participation in the Course ("Materials"). The Materials may not be used for any other purpose, and this license terminates upon the Client’s completion of the Course, their cessation of use of the Course or the Website, or at the termination of this Agreement, whichever comes first.

 

  • Course Details. After purchasing the Course, the Client may not be able to begin until the Course Start Date as stated at the beginning of this Agreement. The Client must complete the Course by the Course End Date specified above. Whether or not the Client has completed the Course by the specified Course End Date, their access to the Course will expire exactly one year after they have purchased access to the Course. When the Client has completed the Course, they will receive a certificate displaying both their participation in and completion of the Course.

 

  • Community Services. In addition to the Course Provider’s educational material, The Client will also receive access to the Course Provider’s community platform, where they will be able to interact with other clients, networking and sharing their own progress in the Course. 

 

  • Restrictions on Use. The Client is the only individual authorized to access and view the Course and its associated Material. Under no circumstances, may the Course and any of its accompanying Materials be shared with any third party. If the Course Provider suspects that the Course or Materials are being shared with an unauthorized party, or that the Client has shared their log-in information with any third party, the Course Provider reserve the right to immediately terminate their access to the Course, at the Course Provider’s sole and exclusive discretion. The Client will not be entitled to any compensation or refunds if they breach this restriction on use. 

 

COACHING TERMS

 

  • Personalized Coaching Services. In addition to the other services contained in this Agreement, the Course also provides the Client with additional coaching services that are incorporated into the educational material. These include twelve (12) sessions of one-on-one hot seat coaching between the Client and the Course Provider, as well as bi-monthly group coaching sessions with others who are currently enrolled in the Course and bi-monthly guest speaker calls that the Client may attend.

 

  • One-On-One Coaching Sessions. The Course Provider shall provide the Client with twelve (12) one-on-one coaching sessions during the course of their attendance in the Course. Each of these sessions will be scheduled by the Course Provider upon the Client’s application for a session. The session shall last for approximately thirty (30) minutes, and it is open to any subject of discussion which the Client would like to raise with the Course Provider, so long as it relates to the Course. 

 

  • Canceled Sessions. The Client shall not be entitled to any make-up sessions, credit, or refunds if they should miss a session with the Course Provider. Any make-up sessions shall be offered at the Course Provider’s sole and exclusive discretion. The Client may seek to reschedule a session if they notify the Course Provider in writing seven (7) days before the session. Any attempts to reschedule the session less than seven (7) days of the session shall be approved only at the sole and exclusive discretion of the Course Provider. If the Course Provider must cancel a session with the Client, then they shall reschedule the session with no cost or penalty to the Client. 

 

  • Monthly Group Sessions. In addition to the one-on-one group sessions offered by the Course Provider, the Client shall also be entitled to attend the bi-monthly group sessions with the Course Provider and other clients who are enrolled in the program. These will be guided sessions focusing on specific topics such as clarity, brand identity, ideal client, perfect pricing method, price raises, hiring an assistant, etc. These sessions will be conducted in a round table format with all questions answered by the Course Provider and shall be approximately ninety (90) minutes in length. No make-up sessions shall be offered for any missed bi-monthly sessions. 

 

  • Bi-Monthly Guest Speaker. During the Course, there will be bi-monthly opportunities for the Client to participate in group calls that involve the Course Provider, other clients, and a guest speaker who shall give a discussion on a chosen topic, such as manifesting, money, branding, retail, color, leadership, etc. The Client will also have access to all of the previous calls that have been recorded by the Course Provider. As with other group coaching sessions, there shall be no make-up sessions for any missed group sessions. 

 

 

RESPONSIBILITIES

 

  • Client’s Obligations Under This Agreement. As a requirement of the Client’s participation in the Course, the Client must register an account with the Course Provider on the Course Website. They must choose a user identifier, which may be their email address or another username, as well as a secure password. The Client may also provide personal information, including, but not limited to, their name. The Client is responsible for ensuring the accuracy of this information, both at the signing of this Agreement and during the period they are attending the Course. This identifying information will enable the Client to participate in the Course. 

The Client must not share such identifying information with any third party, and if it is discovered that the identifying information has been compromised, they agree to notify the Course Provider immediately in writing. An email notification to the Course Provider will suffice. The Client is responsible for maintaining the safety and security of their identifying information as well as keeping the Course Provider apprised of any changes to their identifying information.

 

  • Accurate Billing Information. In order for the Course Provider to provide the Client with the Course and to receive compensation from them, it is necessary that the Client provide the Course Provider with accurate, complete, and current billing information. Any information that the Client shares with the Course Provider for these purposes will be subject to the same privacy, confidentiality, and accuracy requirements that are imposed for all other personally identifying information. This information shall include but is not limited to, credit card, billing address, and other payment information. If any of the information that the Client provides to the Course Provider should be false or inaccurate, whether intentionally or not, or if in the Client’s use of the Website or the Course they should commit or use to further any fraudulent act or other unlawful activity, then this shall constitute grounds for immediate termination of this Agreement. 

 

 ACCEPTABLE USE OF COURSE AND WEBSITE 

  • As part of the Client’s participation in the Course, they agree not to use the Course or the Website for any unlawful purpose or any purpose prohibited under this clause. They agree not to use the Course or the Website in any way that could damage the Course, Website, Services, or general business of the Course Provider. They further agree not to use the Course or the Website for the following purposes:

 

  • To harass, abuse, or threaten others or otherwise violate any person's legal rights;

 

  • To violate any intellectual property rights of the Course Provider or any third party;

 

  • To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

 

  • To perpetrate any fraud;

 

  • To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

 

  • To publish or distribute any obscene or defamatory material;

 

  • To publish or distribute any material that incites violence, hate, or discrimination towards any group;

 

  • To unlawfully gather information about others.
 

ACKNOWLEDGEMENTS

 
  • The Course Provider does not offer any promises or guarantees with regard to the Course or Course Materials. The Client hereby acknowledges and agree to the following:

 

  • The Client is solely and exclusively responsible for their participation in the Course, and the results that they might receive from their participation may differ from those that others might obtain due to the amount that they follow the course. The Client’s completion of the Course is not guaranteed if they do not complete all of the necessary work. 

 

  • The Client is solely and exclusively responsible for the choices that they make with regard to this Course, the Materials contained within it, or any significant changes to their business or life;

 

  • The Client is solely and exclusively responsible for their own mental health, physical health, business decisions, and any other actions or inaction they choose to take;

 

  • The Course Provider is not liable for any result or non-result or any consequences which may come about due to the Client’s participation in the Course;

 

  • This Course does not constitute a therapeutic or medical relationship. The Course Provider does not provide therapy or medical services and the Client is responsible for procuring these at their own risk and discretion if needed. 

 

  • None of the advice contained in the Course shall be construed as therapeutic or medical advice, and the Client understands that if they are in need of such then they should seek it from a licensed provider of such services, not the Course Provider. 

 

 

 

PAYMENTS AND FEES

 

  • Total Fee. As specified at the beginning of this Agreement, the Total Fee for access to this Course is Four Thousand Four Hundred and Forty-Four US dollars ($4444.00). The Course Provider offers two different payments schedules that may be chosen from. 

 

  • Single Purchase Discounted Plan. The Client may choose to make a single payment of four thousand four hundred and forty four dollars US dollars ($4444.00) to the Course Provider.

 

  • Monthly Payment Plan. The Client may choose to make payments on a monthly basis to the Course Provider, in the amount of three hundred and seventy dollars ($370.00), for a total of twelve (12) payments over the duration of the Course. 

 

  • No Refunds. All payments made to the Course Provider are nonrefundable, and by signing this Agreement you are committing to the full twelve months of the Course. If for any reason you decide to cancel your participation in the Course and you have an outstanding balance with the Course Provider, then you shall still be responsible for making those outstanding payments. 

 

  • Access. You will only have access to the Course and Coaching programs for as long as you are a paying member of the Course. If the Client does not make a payment during their participation in the Course, then they will lose access to the Course and this Agreement shall be terminated at the sole discretion of the Course Provider. 

 

  • Lifetime Access. If the Client successfully completes the Course and fulfills all of the requirements for certification in the program, then they shall be eligible for lifetime membership in bonuses that may have been offered as stated when they purchased. 

 

 

 

RIGHTS

 

  • Copyright. The Client acknowledges and agrees that all material or intellectual property produced by Client or arising from the Client’s work under this Agreement (“Work Product”) are the property of the Course Provider. The Course Provider has a copyright on/to such Work Product and the Course Provider may possess, distribute, or otherwise use such Work Product in any manner. All rights belong to the Course Provider.

  • Non-Use of Work Product. The Client agrees that they shall not blog, post, or in any other way publish the work product produced without express written consent from Course Provider. The work product cannot be used sold, shared, or used in any other capacity on the Client’s website or in any advertisement whether social media, print, online, television, or any other publication.

 

CONFIDENTIALITY

  1. Confidential Information. Course Provider will make available to the Client certain Confidential Information of Course Provider which will enable him or her to optimize the performance of his or her duties to Course Provider. In exchange, the Client agrees to use such Confidential Information solely for Course Provider’s benefit. Notwithstanding the preceding sentence, the Client agrees that Course Provider shall have no obligation to provide or otherwise make available to the Client any of its Confidential Information. “Confidential Information” means any Course Provider proprietary information, technical data, trade secrets or know-how, including, but not limited to, research, product plans, products, services, customer lists, and customers (including, but not limited to, customers of Course Provider on whom the Client called or with whom he or she became acquainted during the term of the Agreement), markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed to the Client by Course Provider either directly or indirectly in writing, orally or by drawings or observation of parts or equipment. Confidential Information does not include any of the foregoing items which have become publicly known and made generally available through no wrongful act or omission of the Client or of others who were under confidentiality obligations as to the item or items involved or improvements or new versions thereof.
  2. Strictest Confidence. The Client agrees during the term of the Agreement with Course Provider and at all times thereafter, to hold in strictest confidence, and not to use, except for the exclusive benefit of Course Provider, or to disclose to any person, firm, or corporation without the written authorization of Course Provider, any Confidential Information of Course Provider.
  3. Survival of Confidentiality Obligation. The Client understands and agrees that while he or she may still be in the preliminary contracting process with Course Provider, may not have yet entered into the Agreement with Course Provider, and may or may not ultimately enter into the Agreement, the confidentiality obligations of this Paragraph shall survive and remain binding upon the Client without regard to whether the Agreement is ever entered into between Course Provider and the Client. 
  4. Significant Value. The Client acknowledges that he or she will derive significant value from Course Provider’s provision of Confidential Information, including Course Provider’s business model, organizational structure, trade secrets, and customer and supplier contacts and information. The Client further acknowledges that his or her fulfillment of the obligations contained in this Agreement, including, but not limited to, his or her obligation neither to disclose nor to use Course Provider’s Confidential Information other than for Course Provider’s exclusive benefit is necessary to protect Course Provider’s Confidential Information and to preserve the value and goodwill of Course Provider.
  5. Non-Disclosure. The Client agrees to refrain from disclosing any Course Provider assets or trade secrets, including but not limited to client lists, project dates, operation methods, pricing details, contracts, and similar verbiage, or other confidential information. The Client agrees to take reasonable security measures to prevent any accidental disclosure of this information.

    The Client agrees to pay to Course Provider liquidated damages of $7,000 per occurrence, not as a penalty, if any violation of this Non-Disclosure clause is proved or admitted.
  6. Disparagement. The Parties agree that, at all times during this Agreement, they shall use reasonable and good faith efforts to ensure that neither party engages in any vilification of the other, and shall refrain from making any false, negative, critical, or disparaging statements, implied or expressed, concerning the other, including, but not limited to, management style, methods of doing business, the quality of products and services, role in the community, or treatment of Client. The Parties further agree to do nothing that would damage the other’s business reputation or goodwill; provided, however, that nothing in this Agreement shall prohibit either party’s disclosure of information which is required to be disclosed in compliance with applicable laws or regulations or by order of a court or other regulatory body of competent jurisdiction.
  7. No Reverse Engineering. The Client understands that they are prohibited from reverse engineering, or attempt to reverse engineer any or all of the Course Provider’s work product, code, software, or any of their intellectual property. Additionally, the Client may not violate the security of the Course or the Website through any unauthorized means or methods, may not attempt to circumvent any encryption, security tools, or other devices protecting this information for the purposes of obtaining this information, data mining, or interfering in the Course Provider’s network. 
  8. No Data Collection For Email Distribution. The Client is strictly prohibited from using the Course for illegal spam activities, including gathering email addresses and personal information from other clients or the Course Provider, or sending any mass commercial emails.

 

INTELLECTUAL PROPERTY

 

  • Course Provider’s Content. In accordance with this Agreement, Course Provider owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law (Title 17, Chapter 2, Section 201-02 of the United States Code), whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Course Provider and may be used in the reasonable course of Course Provider’s business. This includes the Website, Course, and all of the associated Materials or Services contained within it. The Course Provider also holds all of the rights in any and all trademarks, service marks, trade secrets, patents, and any other intellectual property associated with this Agreement. 

 

 

 

  • Content Created By The Client. Through the Client’s participation in the Course and their use of the Website, they may be permitted to post materials to the Course pages and other parts of the Website ("User Contributions"). The Client hereby grants the Course Provider a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of User Contributions the Client posts. The Course Provider claims no further proprietary rights in the Client’s User Contributions.

 

 

The Client also agrees to comply with the "Acceptable Use" and “Harassment and Safety” provisions of this Agreement for all User Contributions that they post, including and especially to not violate the intellectual property rights of any third party through their User Contributions. If the Client feels that any of their intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of the Course Provider’s users, they may contact the Course Provider.

 

 

  • TERM OF AGREEMENT

 

This Agreement will become effective on the date set forth above and will terminate on the date either party terminates this Agreement as provided below.

 

  • TERMINATION AND BREACH

 

  • Termination of Agreement. Either party may terminate this Agreement at any time if either party breaches any provision, material covenant, commitment, or obligation under this Agreement and if such breach remains uncured: (i) in the event of a monetary breach, ten (10) calendar days following written notice thereof; and (ii) in the event of a non-monetary breach after thirty (30) days following written notice thereof. Notification of breach should be specified in writing and specifying such breach in reasonable detail. Such termination shall be effective immediately and automatically upon the expiration of the applicable notice period, without further notice or action by either Party. Upon termination of this contract for any reason, the Client will be responsible for all expenses incurred prior to contract termination. All payments are non-refundable, and all monies paid will be considered liquidated damages. Termination shall be in addition to any other remedies that may be available to the non-breaching Party.

 

 

 

  • Remedies. Notwithstanding anything contained in this Agreement to the contrary, the Client’s sole remedy for an actual breach by Course Provider of its obligations under this agreement, shall be a termination of this Agreement and a refund of the monies collected hereunder up to the date of such breach, or, at the option of Course Provider, the replacement of services or items. In no event shall Course Provider be liable for monetary damages, whether in tort, for breach of contract, or otherwise, under this Agreement for an amount in excess of the initial payment and any other monies paid hereunder. Any refunds may take up to one hundred twenty (120) days to process and complete.

    In the event that the Course Provider breaches the contract, the Client agrees to indemnify and hold harmless the Course Provider from any incidental, punitive, or other damages in excess of the amount of the contract. In the event of a breach of this Agreement on the part of the Course Provider, both parties agree that the sole and exclusive remedy is reimbursement of funds, minus a reasonably accurate percentage of services rendered. These recoverable damages shall not exceed the amount agreed upon and actually paid to Course Provider.

 

 

In the event that the Course Provider cancels the contract due to a breach or breaches of the contract by the Client, then the Client will not be entitled to any refunds or returns of the monies already paid under this contract. The Client also forfeits any and all rights that they may have in any products produced by the Course Provider. 

 

 

  • Force Majeure. Each of the following shall be defined as a “Force Majeure Event”: (a) acts of God; (b) casualty or natural disasters (including, without limitation, fire, earthquake, explosions, hurricane, flooding, storms, blizzards, infestations, epidemic, or pandemic); (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrection, or other civil unrest; (d) government order, law, or act (or failure to act); (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, lockouts, labor disputes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; (i) personal incidents such as accident, death in the family, illness, medical or health condition, or sudden tragic circumstances; or (j) any other reason not within the reasonable control of the party delayed in performing (whether similar or dissimilar to the foregoing events). 

 

 

If either party shall be prevented from performing under this Agreement by reason of a Force Majeure Event, then such non-performing party shall not be in default under or in breach of this Agreement as a result. The non-performing party shall give notice of its inability to perform to the other party within five (5) days after the Force Majeure Event, though performance shall still be excused even if notice isn’t given. The non-performing party shall use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event, and the non-performing party shall resume the performance of its obligations as soon as reasonably practicable after the end of the Force Majeure Event. The provisions of this Section shall not operate to excuse Client from timely payment to Course Provider.

 

  • LIMITATION OF LIABILITY 

 

  • Limitation of Remedies. The Course Provider’s liability is limited to the return of payments received, minus the current value for any services already performed. Furthermore, except as stated herein, both parties (including on behalf of the Client and their families) agree to waive and release each other, and all of their representatives, from all claims of harm or damages related to or arising from this Agreement, including all tort claims, claims for emotional distress, and all claims of consequential or indirect damages, including loss of reputation, profits, use or income. 

 

  • Disclaimer. The Course and Website are provided for informational purposes only. The Client, acknowledges and agrees that any information posted in the Course, in the Materials, or on the Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between the Client and the Course Provider. The Client further agrees that their participation in the Course is at their own risk. The Course Provider does not assume responsibility or liability for any advice or other information given in the Course, in the Materials, or on the Website.

 

  • Loss of Data. The Course Provider shall not be liable or held responsible for any loss or damage that may result from any disclosure or loss of information that may result from security breaches or lapses of security for the Client’s account. The Client understands that they are using the Course and Website at their own risk. 

 

  • Loss of Service. Under some circumstances, the Course Provider shall turn off or disable the Website and the Course for routine maintenance or emergency services on either a routine or an unscheduled basis. The Client understands and agrees that they shall not hold the Course Provider liable for any interruptions of services, either caused by the Course Provider or by a third party. Although the Client’s experience with the Course or the Website will be affected by this, they agree that the Course Provider shall not be held responsible for any loss or damage that they may incur as a result of this.
 
  • INDEMNIFICATION

The Client hereby agrees to indemnify, release, discharge, and hold harmless the Course Provider and his/her heirs, legal representatives, assigns, employees, agents, or any persons acting under permission or authority of the Course Provider from any and all claims, demand action, cause of action, damages, losses, liabilities, deficiencies, judgments, settlements, penalties, fines, costs, or expenses of any kind, including reasonable legal and professional fees which may be made or brought against the Course Provider or which the Client may suffer or incur as a result this contract or services provided by the Course Provider. This includes but is not limited to 1) breach or non-fulfillment of any representation, warranty, or covenant in this Agreement, 2) any negligent or more culpable act or omission, 3) any bodily injury, death, or damage to property, 4) and any failure to comply with federal, state or local laws, regulations, or codes in performance under this Agreement. It is the Client’s responsibility to reconcile any conflicts between Client’s Agreement with Course Provider and Client’s agreements with other third parties.

 

DISPUTE RESOLUTION

 

  • Mediation. If a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure.

 

  • Arbitration. Any and all disputes or disagreements arising between the Parties out of this Agreement upon which an amicable understanding cannot be reached shall be decided by arbitration in accordance with the procedural and substantive rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in Washington County, Utah unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each party shall be responsible for its costs and expenses in presenting the dispute for arbitration.

 

  • Attorney’s Fees. If any litigation is brought by either party against the other either to enforce the rights of any party hereto or to clarify rights and obligations hereunder, the substantially prevailing party shall be entitled to recover from the other party thereto the reasonable costs and expenses, including reasonable attorney’s fees and costs, of such proceeding.

 

  • Damages. Notwithstanding any other provision herein, it is expressly understood and agreed that neither Course Provider nor Client shall have any liability for consequential, special, punitive, or treble damages with respect to any of the agreements or covenants of this Agreement.

 

NOTICE

 

  • All notices, requests, claims, demands, and other communications between the parties shall be in writing and shall be deemed delivered when (a) delivered in person, (b) electronically mailed, or (c) deposited in the United States mail with postage prepaid to the address as either party may specify in writing.

 

 

MISCELLANEOUS

 

  • Affiliate Marketing & Advertising. The Course Provider engages in affiliate marketing whereby they receive a commission on or percentage of the sale of goods or services on or through the Course and/or Website. They may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.

 

  • No Waiver of Rights. The failure of either party to the Agreement to exercise any of its rights under this Agreement at any time does not constitute a breach thereof and shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach.

 

  • Governing Law. This Agreement shall be governed by the laws of the State of Utah, without reference to rules governing choice and/or conflicts of law. Parties agree and consent to the jurisdiction of the appropriate court in the County of Washington in the State of Utah to resolve any dispute arising under this Agreement (and agree not to commence any action, suit, or proceeding relating thereto except in such courts). 

 

  • Headings. All descriptive headings in this Agreement are inserted for convenience only and shall be disregarded in construing or applying any provision of this Agreement. 

 

  • Counterparts. This Agreement may be executed in multiple counterparts, each of which may be an original, telecopy, or electronic file portable data format (.PDF) and all of which evidence only one agreement and only one full and complete copy of which need be produced for any purpose.

 

  • Severability. 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 a 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.

 

  • Modification. The Course Provider reserves the right to from time to time and at any time without notice to the Client, modify this Agreement. The Client agrees that the Course Provider is fully entitled to modify this Agreement, or make any revisions to its content. The Client agrees that all modifications to this Agreement that shall be made are to be considered in full force and effect immediately at the time they are posted to the Website. All modifications or other variations will replace all prior versions of this Agreement unless those previous modifications are specifically referenced to or incorporated into the newest version of the modified Agreement. 

 

  • Entire Agreement. This Agreement constitutes the entire agreement between the parties, supersedes any prior understandings or agreements, written or verbal, between the parties, and may not be amended except by a written instrument signed by the Parties.

 

  • Acknowledgments. Each party acknowledges that he or she has had an adequate opportunity to read and study this Agreement, to consider it, to consult with attorneys if he or she has so desired.

 

  • Commencement. The term of the Agreement will commence upon the execution hereof and continue for the duration of any working relationship between the parties identified above. Any change or further limitation of this time period shall be in writing and signed and agreed upon by both parties. This agreement shall be binding regardless of the amount of work performed by the Course Provider.
  • No Waiver. 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
  • Assignment. Neither party shall assign, encumber, pledge or transfer any interest in this Agreement without the written consent of the other party, which consent may be withheld in the sole discretion of the other party.

 

 

The Parties agree to the terms of this Agreement above.