BRANDING FOR BLOGGERS - PROGRAM
TERMS OF SERVICE
By purchasing Branding For Bloggers (the “Program”) from Jade Hicks (the “Company,” “we,” or “us”), you and the Company agree to the following legal terms and conditions, without modification, and you acknowledge reading them:
ACCESS TO PROGRAM
The Program includes, but is not limited, to course content, written content, recorded video and/or audio content, live and/or pre-recorded calls/ training and coaching, and/or discussions in Program related forums (collectively, “Materials”).
The Program and Materials may only be accessed by you – the individual who is the customer on record with the Company. You agree that the Program and Materials, including any usernames or passwords, may only be used by you as permitted herein and may not be sold or distributed without the Company’s express written consent.
Your access to the Program may be revoked for failure to abide by these Terms of Service or for failure to make timely and full payments to the Company for your purchase of the Program.
In order to access the Program, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any such information you provide will always be accurate, correct and up to date.
OUR INTELLECTUAL PROPERTY
You agree that the Program and Materials contain proprietary information that is owned by the Company and is protected by copyright, trademark and other applicable intellectual property laws. You will not use the Program or Materials in a manner that constitutes an infringement of the Company’s rights or that has not been authorised by the Company. The use of the Company’s Program or Materials, except as permitted herein, is strictly prohibited and infringes on the intellectual property rights of the Company and may subject you to civil and criminal penalties, including possible monetary damages, for infringement on the Company’s intellectual property rights.
Company grants you a limited, personal, non-exclusive, non-transferable license to access the Program and Materials for your own personal and non-commercial use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, sell, distribute, duplicate, lease, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Program or Materials in any manner or medium (including by email or other electronic means). You shall not remove any copyright notice or author designation from any part of the Program and Materials.
FB and Facebook are registered trademarks of Facebook Inc. The Company, Program and Materials are in no way related, sponsored, or endorsed by Facebook, Inc.
PAYMENT FOR PROGRAM
You agree to make timely and full payments to the Company for the Program (regardless of whether you selected to pay for the Program in full or with a payment plan).
You authorise the Company to automatically charge the credit card on file for any and all Program balances owed, and you agree to keep this information current and up-to-date with the Company. If any payment is insufficient or declined for any reason, the Company may revoke your access to the Program and reserves the right to charge a £25 admin fee for re-attempting the payment.
Within sixty (60) calendar days of the Program Start Date, you may request a refund of the amount you paid for the Program by emailing customer support at firstname.lastname@example.org with the following materials. The Program Start Date is defined as the first day the Company provided you access to the Program. To be eligible for a refund, you must submit materials demonstrating the following to the Company’s satisfaction:
· Completion of all workbook exercises and assignments included in the Materials.
· Screenshots evidencing your implementation of the steps taught in the Materials.
· Evidence you attended EVERY LIVE TRAINING and implemented the action steps as necessary.
You agree to accept the Company’s decision regarding your eligibility for a refund as final. If your request for a refund is declined, you agree not to dispute this decision and you agree to make timely and full payments to the Company for any remaining balances owed for the Program (regardless of whether you selected to pay for the Program in full or with a payment plan).
Requests for refunds will not be honoured sixty (60) calendar days after the Program Start Date and any outstanding balance owed to the Company for the Program must be paid in full.
Email support for the Program will be available at email@example.com
With your prior permission, you agree that the Company has the right to use your feedback whether in the form of emails, surveys, comments, discussions in Product related forums, calls, video calls, or otherwise, for the purposes of marketing or promoting the Program.
To access or use the Program, you must be at least eighteen (18) years old and have the requisite power and authority to enter into these Terms of Service. You may use the Program for lawful and legitimate purposes only. You agree to be financially responsible for all purchases made by you, You shall not post or transmit through the Program any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
REFUSAL OF SERVICE
We reserve the right to refuse access to the Program to any person or entity, without the obligation to assign reason for doing so. We may at any time change or discontinue any aspect or feature of the Program, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We reserve the right to immediately remove you from the Program without refund if you violate these Terms of Service.
ERRORS, INACCURACIES, AND OMMISIONS
Information provided about or in the Program or Materials is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Company disclaims all liability for any inaccuracy, error or incompleteness in the Program or Materials.
RELATIONSHIP OF THE PARTIES
You agree that Company is acting as an independent contractor and that no partnership or joint venture is created between us.
By purchasing the Program, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your future earnings, business profit, marketing performance, or audience growth of any kind. The Company does not guarantee that you will get any results using any of our ideas, tools, strategies or recommendations, and nothing in our Program is a promise or guarantee to you of such results.
THIRD PARTY RESOURCES
The Program or Materials may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL the Company be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to these Terms of Service or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether the Company has been advised of the possibility of any such damage. In no event will the Company’s liability exceed the price the Customer actually paid to the Company for the Program.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Program. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
GOVERNING LAW; VENUE; MEDIATION
The Terms of Service shall be governed by the laws of England and Wales and any disputes arising from it must be handled exclusively in the UK. We agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Service by mediation. We further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
ENTIRE AGREEMENT; WAIVER
The Terms of Service constitutes the entire agreement between you and the Company pertaining to the Program and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of the Terms of Service by Company shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.
We reserve the right to update our Terms of Service at any time. Such amendments are effective immediately by us posting the new Terms of Service on this Program website at www.jadehicks.com/policies Any use of the Program by you after an amendment is made means you accept these amendments.
EFFECT OF HEADINGS
The subject headings of the paragraphs of the Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Nothing in these Terms of Service, express or implied, will confer upon any person or entity not a party to these Terms of Service, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of these Terms of Service, except as expressly provided herein.
Effective Date: January 2018
Pop up branding photography and boudoir photo shoot experiences
TERMS OF BUSINESS 2017 / 2018
I have designed this agreement for CLARITY so you can, in simple uncomplicated terms, understand our positions, who needs to do what and when and what will happen if something goes wrong.
I want to protect both you and I, and keep our working relationship, transparent and clear to all involved.
PHOTOGRAPHY / VIDEOGRAPHY
You are hiring Jade Hicks / The Branding Photographer / Secret Shoots, to undertake a photo shoot.
In accordance with these terms of business ...
By providing payment to secure the date of your photo shoot you confirm have the authority to enter into this contract on behalf of yourself, your company or organisation.
You agree to a full consultation to discuss your requirements for the photo shoot and agree to provide anything Jade Hicks / The Branding Photographer / Secret Shoots require to be able to design, construct and carry out said shoot for you.
You agree to thoroughly, and to the discretional satisfaction of Jade Hicks / The Branding Photographer / Secret Shoots, complete ALL preparatory work before our shoot and implement ALL the actions we agree.
You agree to either making payment in a one off payment OR as per the payment plan arranged at the time of booking.
The Price of your shoot has been fully disclosed during the booking process, this includes:
Jade Hicks / The Branding Photographer / Secret Shoots time, knowledge, experience and creative genius, Professional Hair and Makeup Artist before and during your session, full use of the location provided and any props specified by Jade Hicks/ The branding photographer / Secret shoots and their team during your shoot, Unedited images of an Unspecified amount delivered to you digitally within 5-7 working days of your shoot.
Not included in your session are and not limited to:
Travel, Accommodation, Subsistence, Meals, Outfits and clothing, Access to RAW camera files.
Upon the request to cancel a commission - it is at Jade Hicks / The Branding Photographer / Secret Shoots discretion as to whether a refund will be appropriate or whether the full payment will still be applicable. Please note our standard cancellation compensation system is as follows:
Cancellations within 6 weeks of the booked shoot date will incur a charge of 25% the full shoot cost.
Cancellations within 4 weeks of the booked shoot date will incur a charge of 50% the full shoot cost.
Cancellations with less than 2 weeks notice will be completely exempt from refund due to costs committed to by Jade Hicks in order to carry out the planned session.
It is always at the discretion of Jade Hicks / The Branding Photograher / Secret Shoots as to whether a late notice cancellation session may be able to be rescheduled.
Jade Hicks / The Branding Photographer / Secret Shoots will always deliver to the best of my ability but I can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages.
Any liability is strictly limited to the price you paid for the shoot.
Finally, if any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
The intellectual property, skills and experience Jade Hicks / The Branding Photographer / Secret Shoots and their respective team members share with you are owned wholly by Jade Hicks and may not be repackaged, rebranded or resold in any way.
Jade Hicks / The Branding Photographer / Secret Shoots reserve the right to to write about our shoot together in and not limited to books, magazines, social media and websites. If you’d prefer not to do this please let Jade Hicks / The Branding Photographer / Secret Shoots know before commencing our work together.
Your emails and calls will be responded to within 24 hours during weekdays.
Weekend hours are NOT offered unless agreed in advance and may incur additional fees. Please keep this in mind.
Prompt payments are extremely important to a small business. By agreeing to the laid out terms of business you agree to stick firmly to the payment schedule agreed.
This contract is not transferable to anyone else without the full permission of Jade Hicks / The Branding Photographer / Secret Shoots in writing.
The intention in this contract are wholly serious, this is a legal document under exclusive jurisdiction of the English and Welsh courts.