By checking the box below this Terms of Use, and clicking the “Click & Buy Now” button, you, the purchaser of the Sabiartistry Magical Marketing Society Membership outlined below (hereinafter “Client”), agree and willingly purchase entry into this program to be provided with services rendered by SABIARTISTRY LLC, an Ohio Limited Liability Company, (hereinafter “Company”), and you agree you are voluntarily entering into a legally binding Agreement with Company, inclusive of the following terms and conditions mutually agreed upon:
For good and valuable consideration of Sabiartistry Magical Marketing Society Membership for $111/month (one hundred and eleven dollars per month), Client has agreed to purchase Sabiartistry Magical Marketing Society Membership (hereinafter “Program”).
In exchange, Company agrees to provide the services outlined in the Program Details below, and Program Outline attached hereto. Client understands and agrees that Company will utilize suitable methodologies in accordance with Client’s needs, and in accordance with her training.
Program Details
Sabiartistry Magical Marketing Society Membership includes:
- Weekly coaching via third party messaging app (ex. Signal, Voxer, Whatsapp, or Telegram)
- Two, 60-minute group coaching calls per month
- Written or audio training
Client understands that by purchasing the Program, they are entering a per month agreement with payment due before the end of the month the services are rendered, billed at the package rate of $111.00/month, or as determined by the coach.
Either party may terminate this agreement by providing the other party with a written notice of termination at least thirty (30) days in advance. The termination notice must clearly state the intended termination date and be delivered via email, postal service, or another agreed-upon method of communication. During the 30-day notice period:
The service provider will continue to deliver services as outlined in the agreement.
The client will fulfill all payment obligations for services rendered during this period.
Any clauses related to confidentiality, intellectual property, and payment obligations that are due will survive the termination of this agreement.
Company will provide the services outlined in detail in the attached Program Outline Addendum. Client confirms he/she/they have read the Program Outline Addendum, asked Company any and all necessary questions, and conducted any research necessary to feel he/she/they understand what is (and isn’t) being provided in Program.
Confidentiality
This Agreement is considered a mutual non-disclosure agreement, meaning both Client and Company agree not to disclose, reveal, or make use of any confidential information learned by either party during discussions, calls, emails, or otherwise. Such “Confidential Information” includes, but is not limited to, social media strategy, content strategy, key performance indicators tracked by Company, other proprietary information from Company, financial information, strategy sessions, exercises, or other methodologies Client learns as a result of working with Company, plans or outlines for future programs or packages, information contained in documents or any other original work created by Company, and any and all other intellectual property (discussed below).
Client and Company agree that the responsibility to refrain from disclosing or sharing any and all Confidential Information learned as a result of Client working with Company shall survive the expiration of this Agreement and Company’s services. This means Client and Company both agree to continue to keep Confidential Information private, even after the completion of working with Company.
Payment
Client agrees to render payment via Stripe and understands that the full purchase amount is due and payable upfront or via a payment plan. Client agrees that absent an agreement regarding a payment plan with Company, he/she/they must complete payment in full before becoming entitled to any products or services included within Program.
Payment Plan:
If Company HAS offered Client a payment plan, all information regarding payment schedule is outlined in the attached Payment Plan Addendum. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) the reminder of the Program may be forfeited until payment is made; and (2) Client will owe a five percent (5%) late fee. A payment is to be considered late if not paid within seven (7) days of the date it is due. Accounts that have not been paid after 30 days will be turned over to collections, and the balance of Client’s account will be come due and payable. If Client’s account is turned over to collections, Client understands and agrees he/she/they are responsible for any and all fees accrued, in addition to the original account outstanding balance.
Company reserves the right to cancel or cease working with Client should he/she/they fail to make additional payments in accordance with the Payment Plan as agreed upon at the beginning of the Program. Should this occur, Client understands he/she/they are not entitled to a refund of funds already issued to Company in exchange for work completed thus far, and it is up to the sole discretion of Company whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.
Refund Policy
Company is not able to offer refunds once Client has purchased the Program. Client understands this provision, and agrees that he/she/they are not entitled to a refund once payment has been issued to Company. Client further agrees and understands that changing his/her mind about the Program, failing to follow through or understand the details of the Program, not experiencing the results he/she/they expected or desired, or experiencing any other similar situations does not entitle them to a refund.
Indemnification
Client agrees at all times to defend, fully indemnify and hold Company and any affiliates, agents, team members or other party associated with Company harmless from any claims, causes of action, damages, losses, demands, lawsuits, judgments, including attorney fees and costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Company be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Company’s defense, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Company, free of charge.
Disclaimer
Client agrees and understands that Company cannot guarantee any specific results, outcomes, or changes to Client’s current situation, and will hold Company harmless if he/she/they does not experience the desired results. Client is entering into this agreement voluntarily and of his or her own free will, and readily understands that he or she may or may not experience results desired, or achieved by other clients of Company.
Client understands that all services provided by Company in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with Company on a purely voluntary basis and does not hold Company responsible should Client become dissatisfied with any portion of the Program.
Client agrees that he/she/they do not have a cause of action, legal remedy, and is not entitled to a refund should he/she/they not achieve the results desired following completion of his or her work with Company, as long as Company delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Company and Client.
Client understands and agrees that should Company or Company’s team provide any personal technical assistance to Client, including but not limited to editing, creating, updating, or fixing a portion of Client’s website or any technical component of his or her business, Client will hold Company harmless for any inadvertent human errors made in the process. This may include (but is not limited to) inadvertently selecting an incorrect item on a dropdown menu during setup, or otherwise making an editable error of similar kind.
Client also understands and agrees to hold Company harmless from any issues – technical or otherwise – arising from the use of any programs or software systems chosen by Client, including but not limited to how Client wishes to take payment, automate email sequences, which CRM, social media platforms, and website host to use, and other similar decisions made by Client. Company may provide advice or tips with respect to which program or system to select, but Client agrees it is ultimately his or her decision, and agrees Company is not liable or responsible for any malfunction or negative experiences associated with these systems.
Client understands that participation in this program is not to be used as a substitute for professional advice by legal, medical, financial, business, spiritual or other qualified professionals. Client agrees to seek independent professional guidance for legal, medical, financial, business, spiritual or other matters. Client understands that all decisions in these areas are exclusively theirs and client acknowledges that their decisions and their actions regarding them are their sole responsibility.
Client understands that Company reserves the right to discontinue or remove any participant from the program at any point. Client hereby fully and forever discharge and release Company, and any and all associated staff or partners from any and all liability, claims, demands, actions and causes of action whatsoever, both in law and equity, in any way resulting from personal, physical, psychological or emotional injuries, distress or death sustained as a result of their participation in the program or any of its associated activities. Client voluntarily and freely choose to incur and assume any and all such risks and dangers. Client agrees to indemnify and hold harmless Company and its participants from any and all losses, claims, actions or proceedings of any kind which may be based on their participation in the program.
Dispute Resolution
Should a dispute arise between Company and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he/she/they does not hold Company responsible for any specific results, or those results which have been achieved by other clients of Company.) If unable to reach a resolution informally, Client and Company agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Franklin County, Ohio, The arbitration shall occur within ninety-(90)-days from the date of the initial arbitration demand. The Parties shall cooperate with each other to ensure that the arbitration process is completed within the ninety-(90)-day period. Client and Company agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator (which will provide for the payment of costs, including attorneys’ fees) is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgment of law or decree.
Applicable Law
This Agreement shall be governed by and under control of the laws of Ohio regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of Ohio are to be applicable here.
Amendments
This agreement is not to be altered, amended, changed, extended, or considered waived without execution of an additional addendum signed by both Client and Company, or a party authorized to sign on behalf of either party.
Non-disparagement
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.
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.
Counterparts
This Agreement may be executed in one or more counterparts (including by means of facsimile, using an online platform, 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.
Severability
This section deals with what happens if a portion of the Contract is found to be unenforceable. If that’s the case, the unenforceable portion will be changed to the minimum extent necessary to make it enforceable, unless that change is not permitted by law, in which case the portion will be disregarded. If any portion of the Contract is changed or disregarded because it is unenforceable, the rest of the Contract is still enforceable. 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.
Waiver
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.
Force Majure
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 and Company agree this Agreement constitutes the entire agreement between Company and Client, taking place of and superseding any and all prior agreements, discussions, correspondence, or proposals between parties. Client understands that if a portion of the Program or an expectation is not included in this Agreement, it does not apply and is not included within the Program. Client has taken any necessary measures to discuss further and have any questions answered by Company or Company’s team, and is in full agreement with the terms outlined herein.
PROGRAM OUTLINE ADDENDUM
Client understands, acknowledges, and agrees he/she/they are purchasing the Sabiartistry Magical Marketing Society Membership. Once the Program is purchased and all Agreements are signed, the Program continues for a minimum period of one month. The work is to begin at the time of sign up and run for a minimum of one month. During this time, Company will provide the following products and/or services each month:
- Weekly coaching via third party messaging app (ex. Signal, Voxer, Whatsapp, or Telegram)
- Two, 60-minute group coaching calls per month
- Written or audio training
PAYMENT PLAN ADDENDUM
Client and Company hereby agree to the following payment plan and payment schedule in order to purchase the above-referenced Program belonging to Company, as outlined in the above Agreement and Program Outline Addendum.
Cost of Program
Client agrees and understands that the minimum cost of Program, when paid in installments, is $111/month (one hundred and eleven dollars per month), payable in monthly increments of $111/month (one hundred and eleven dollars per month). Client understands he/she/they have been provided with the option to pay in monthly installments of $111, for a minimum investment of $111 and agrees that he/she/they are electing to pay in installments. Client is to issue payments to Company as follows:
PAYMENT SCHEDULE
1. Method of Payment
Client agrees to render payment via Stripe and understands he/she/they will be charged in the amounts outlined above, on the corresponding due dates of each installment payment. Should the appropriate method of payment change at any point during the above outlined schedule, Client agrees he/she/they will promptly notify Company and/or Company’s Team to ensure payments are not missed.
2. Missed / Failed Payments
Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) the reminder of the Program may be forfeited until payment is made; and (2) Client will owe a five percent (5%) late fee. A payment is to be considered late if not paid within seven (7) days of the date it is due.
Company reserves the right to cancel or stop working with Client should he/she/they become unable to make the additional payments in accordance with the Payment Schedule outlined above. Should this occur, Client understands they are not entitled to a refund of funds already issued to Company in exchange for work completed thus far, and it is up to the sole discretion of Company whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.
By purchasing this program, you signify your acceptance of these terms. If you do not agree to these terms, please do not purchase the program. Your continued use of the site or continuance of purchasing following the receival, review, and update of these terms will be deemed your acceptance.