[BADASS BOSSPRENEURS ASSOCIATION] TERMS & CONDITIONS OF USE AND PURCHASE
By purchasing Badass Bosspreneurs Association Courses or Membership (“Program”) from Van Leer-Kelly Studios dba Meghan Maydel (“Company”), you (“Client” and collectively, the “Parties”) agree to the following terms of this Purchase Agreement (“Agreement)”:
Company agrees to provide its Program and Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
Client understands Company is not an agent, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional. Coaching, which is not directive advice, counseling, or therapy, may address overall goals, specific projects, or general conditions in Client’s life or profession. Coaching services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the-moment skills training. Company promises that all information provided by Client will be kept strictly confidential, as permissible by law.
- PROGRAM STRUCTURE.
- This Program is either a monthly membership program or a one-time course purchase
- If you have any issues with the course, please contact firstname.lastname@example.org
Company’s requests for Client’s participation in the Program:
- Be honest and participate fully.
- Make a commitment to the action plans you create, and do what you have agreed to do.
- Understand that the power of the relationship can only be granted by you, and commit to making the relationship powerful. If you see that the course or membership program is not working as you desire, communicate and take action to return the power to the relationship.
This Program is continuous from month to month (upon completion of payment) and begins on the first billing date (“Term”). Client understands that a relationship with Company does not exist between the Parties after the conclusion of the Program. If the Parties desire to continue their relationship, a separate agreement will be entered into.
Company is committed to providing all clients in the Program with a positive Program experience. By signing below, Client agrees that the Company may, at its sole discretion, terminate this Agreement and limit, suspend or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive or upon violation of the terms. If Client decides to terminate this Agreement, no refunds will be issued.
Total price of this Program is $39/month, $399/year, or $624/year depending on package selected. Monthly membership will be paid via credit card. Client grants Company (or their third parties) the authority to charge the card(s) provided on same date as their initial billing date of each month. If a payment is not received by this date, Company reserves the right to suspend Services until payment is complete.
If the mailing address provided to Company is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address provided to Company is outside the United States or any of its possessions or territories, all payments will be charged and made in User’s local currency, at the current conversion rate.
All products, programs, events and services are priced in U.S. dollars.
User agrees to provide current, complete, and accurate billing and credit card information. User also agrees to update all billing and credit card information within 14 days of change to keep your account current, complete, and accurate. User must also contact us if User’s credit card is lost or stolen, or if User become aware of a potential breach of account security (such as an unauthorized disclosure or use of User’s Sign-In Name or Password) within 14 days of change otherwise User’s account and access to Badass Bosspreneur Association or any other course User purchase will be suspended.
User hereby authorizes Company to obtain or determine updated or replacement expiration dates for User’s credit card in the event that the credit card User provided expires. Company reserves the right to charge any renewal card issued to User to the same extent as the expired card.
If payment is not received from User’s credit card issuer, User hereby agrees to pay all amounts due upon demand. User agrees to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of User’s credit card may charge user a foreign transaction fee or related charges, which User will be responsible to pay. User is advised to check with bank and credit card issuer for details.
Client is responsible for full payment of fees for the entire Program, regardless of whether Client completes the Program.
However, User may cancel monthly membership to Company within 48-hours outside user’s billing date to avoid additional charges.
Annual memberships may be cancelled by User within 30 days of initial purchase for refund less the cost of 1-month at full price.
Annual memberships with additional 1:1 call may be cancelled by User within 30 days of initial purchase for refund less the cost of 1-month at full price and less the cost of 1:1 1-hour call at full price if call has already been scheduled with the Company.
To further clarify, no refunds will be issued for circumstances outside of the above.
This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, Or otherwise, throughout the Term of this Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement.
- COMPELLED DISLCOSURE OF CONFIDENTIAL INFORMATION.
Notwithstanding anything in the foregoing, in the event that Client is required by law to disclose any of the Confidential Information, Client will (i) provide Company with prompt notice of such requirement prior to the disclosure, and (ii) give Company all available information and assistance to enable Company to take the measures appropriate to protect the Confidential Information from disclosure.
- NON-DISCLOSURE OF COMPANY MATERIALS.
Material given to Client in the course of Client’s work with the Company is proprietary, copyrighted and developed specifically for Company. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure to a third party is strictly prohibited.
Company’s program is copyrighted and the original materials that have been provided to Client are for Client’s individual use only and are granted as a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
Further, by signing below, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Client shall not make any false, disparaging, or derogatory statement in public or private regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.
Client agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Client’s participation or action(s) under this Agreement. Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by Company, in writing.
- DISPUTE RESOLUTION.
If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand and shall take place in [Nashville, TN]. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
- GOVERNING LAW.
This Agreement shall be governed by and construed in accordance with the laws of the state of [TN], regardless of the conflict of laws principles thereof.
- ENTIRE AGREEMENT; AMENDMENT; HEADINGS.
This Agreement constitutes the entire agreement between the Parties with respect to its relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties. The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
This Agreement may be executed in one or more counterparts (including by means of facsimile or electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute one and the same instrument.
Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
The waiver or failure of Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
This Agreement may not be assigned by either Party without express written consent of the other Party.
- FORCE MAJEURE.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under this Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
- CLIENT RESPONSIBILITY; NO GUARANTEES.
Client accepts and agrees that Client is 100% responsible for its progress and results from the Program. Company will help and guide Client; however, participation is the one vital element to the Program’s success that relies solely on Client. Company makes no representations, warranties or guarantees verbally or in writing regarding Client’s performance. Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. By signing below, Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that Client will reach its goals as a result of participation in the Program and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantee other than that the Services offered in this Program shall be provided to Client in accordance with the terms of this Agreement. Client acknowledges that Company cannot guarantee any results for publicity as such outcomes are based on subjective factors that cannot be controlled by Company.
Company may modify terms of this agreement at any time. All modifications shall be posted on the MeghanMaydel.com’s website and purchasers shall be notified.