Increase your Strategy Session time to allow for more brainstorming, strategy development, training, or conversation to further maximize our time together and your overall results.
NOTE: This special offer is only valid before checking out and cannot be added after you complete your Strategy Session purchase.
Increase your Strategy Session time to allow for more brainstorming, strategy development, training, or conversation to further maximize our time together and your overall results.
NOTE: This special offer is only valid before checking out and cannot be added after you complete your Strategy Session purchase.
Strategy Session
Effective Date: November 11, 2023
THE AGREEMENT: This Agreement (hereinafter, "Agreement") is made by and between Embellished Brands LLC, a business, organized under the laws of the state of Indiana, hereinafter referred to as "Provider," and you, further defined below, as a Participant, also defined below.
Article 1 - DEFINITIONS:
A) The parties referred to in this Agreement shall be defined as follows:
I) Provider, us, we: Provider, as the creator, operator, and publisher of the Service, is responsible for providing the Service publicly. Us, we, our, ours and other first-person pronouns will refer to the Provider, as well as, if applicable, all independent contractors and affiliates of the Provider.
II) Purchaser, you, the user, the client: You, as the participant in the Service, will be referred to throughout this Agreement with second-person pronouns such as Purchaser, you, your, yours, or as user, client, or participant.
III) Parties: Collectively, the parties to this Agreement (Provider and You) will be referred to as Parties.
B) The Service details are as follows:
I) Service Name: Strategy Session
II) Service Description: Purchaser receives one 1-Hour Strategy Session with Jaime Wright, CEO of Embellished Brands, to create a strategy and action steps to overcome the most pressing challenges in your business or non-profit. Purchaser may have the option to add on additional amount of time as offered during the checkout process.
III) Total Service Fees ("Fees"): $275 (one hundred seventy-five US dollars) plus additional fees for an optional time extension, if offered at checkout. If Purchaser received the Strategy Session at a discounted price, then the total service fee is the actual price paid by Purchaser for the Strategy Session.
IV) Service Delivery: After completing the check-out process, participants will be emailed a link to fill out a pre-call Strategy Session Questionnaire. After submitting the questionnaire, participants will receive a link to schedule their 1-Hour Strategy Session on the form submission confirmation page.
V) Start Date: Upon date of purchase.
VI) End Date: Upon conclusion of the Strategy Session appointment or 60 days after purchase, whichever occurs first.
VII) Refund Policy: Cancellations (for any reason) within 48 hours of purchase may receive a refund of the amount paid less merchant transaction fees incurred by Provider. After 48 hours, no cancellations or refunds of any fees or other amounts paid by you in connection with the Service will be provided for any reason.
Article 2 - ASSENT & ACCEPTANCE:
By purchasing and participating in the Service, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please cease your participation in the Service immediately. If you do so after purchase, you will only be entitled to a refund if you submit your cancellation request within 48 hours of your purchase as noted above in Article 1, B VII. Provider only agrees to provide the Service to you if you assent to this Agreement.
Article 3 - AGE RESTRICTION:
You must be at least 18 (eighteen) years of age to participate in the Service. By participating in the Service, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. Provider assumes no responsibility or liability for any misrepresentation of your age.
Article 4 - SERVICE TERMS:
After purchasing the Service, you agree to complete the Strategy Session Questionnaire using the link you will receive by email. After the questionnaire is submitted, you will receive a link on the form submission confirmation page to schedule your 1-Hour Strategy Session. You are responsible for scheduling your session on the Provider's calendar no later than 60 days after purchase. Your failure to schedule your Strategy Session prior to the expiration date is not the responsibility of Provider and no refunds will be provided in this instance.
We do not offer any promises or guarantees with regard to our Service. You hereby acknowledge and agree:
A) You are solely and exclusively responsible for the choices that you make with regard to this Service, the Materials contained within it, or any significant changes to your business or life;
B) You are solely and exclusively responsible for your own mental health, physical health, business decisions, and any other actions or inaction you choose to take;
C) We are not liable for any result or non-result or any consequences which may come about due to your participation in the Service;
D) This Service does not constitute a therapeutic relationship or a medical one. We do not provide therapy or medical services and you are responsible for procuring these services at your own will and discretion if needed.
Article 5 - PAYMENT & FEES:
As noted above, the total Fees for the Service are as follows: $275 (one hundred seventy-five US dollars) plus additional fees for an optional time extension, if offered at checkout. If Purchaser received the Strategy Session at a discounted price, then the total service fee is the actual price paid by Purchaser for the Strategy Session.
The entirety of the Fees are due and payable upon your registration for the Service. No payment plans or installment plans are available.
Article 6 - NO WARRANTIES:
You agree that your participation in the Service is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis. We hereby expressly disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Service will meet your needs or that the Service will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information in the Service. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your participation in the Service is your sole responsibility and that we are not liable for any such damage or loss.
Article 7 - NO LIABILITY:
The Service is provided for informational purposes only. You acknowledge and agree that any information communicated in the Service is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your participation in the Service is at your own risk. We do not assume responsibility or liability for any advice or other information given in the Service.
Article 8 - INDEMNIFICATION:
You agree to defend and indemnify the Provider and any of our affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your participation in the Service, your use or misuse of the Service, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select our own legal counsel and may participate in our own defense, if we wish.
Article 9 - MODIFICATION & VARIATION:
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
Article 10 - ENTIRE AGREEMENT:
This Agreement constitutes the entire understanding between the Parties with respect to the Service. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
Article 11 - TERM, TERMINATION & SUSPENSION:
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein. You may also terminate this Agreement at any time by contacting us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
Please be advised that terminating this Agreement does not entitle you to a refund on any monies spent with us.
Article 12 - GENERAL PROVISIONS:
A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Service, you agree that the laws of Indiana shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and us, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Clark, Indiana. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
C) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in Clark County, in the state of Indiana. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Indiana. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by us will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
D) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by Provider, the rights and liabilities of Provider will bind and inure to any assignees, administrators, successors, and executors.
E) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
F) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
H) NO AGENCY, PARTNERSHIP, OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
I) FORCE MAJEURE: We are not liable for any failure to perform due to causes beyond our reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
J) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: jaime@embellishedbrands.com.