ONLINE COURSE Agreement
Dolly DeLong Photography, LLC
This Agreement (“Agreement”) is made effective as of today, by and between Dolly DeLong Photography (the “Company”) and you (purchaser) (hereafter “Client”) (collectively the “Parties”), for the purpose of Client purchasing and participating in the Company’s online course (The Revolutionary Lab)
1. Scope of Online Course
As part of the Course program, Company shall provide the following to Client:
• Access to Online Course in Podia
• Private Facebook group
2. Course Terms
After purchasing the Course (The Revolutionary Lab), Client will be given access to the online course materials in Podia by Dolly DeLong Photography, LLC within 24 hours. Client will have lifetime access to the Course materials so long as the Course is available. In the event Dolly DeLong Photography, LLC takes the Course (The Revolutionary Lab) offline, Dolly DeLong Photography, LLC will notify Client within [30 days] and Client will be able to download the Course materials onto his/her own media storage.
Client shall only have one license to access the Course and use Course materials. Client understands and agrees that the Course materials may not be shared with any third party. In the event Company suspects that the Course is being shared or that Client has shared his/her log-in information with another party, Company reserves the right to immediately terminate Client’s access to the Course in its sole discretion.
In consideration for access to the Course provided by Company, Client agrees to compensate Company [enter amount].
Client must pay the full fee of $397 (*unless client uses a coupon code and if they use a coupon code then it is non refundable)
Client will not be given access to the Course until either the full fee is paid or the first installment payment is complete.
4. Installment Plan Requirements
In the event Client elects for the payment plan, Client hereby authorizes Company to charge his/her credit card or debit card automatically according to the terms set forth in the Fees section above.
If any eligible payment methods Company has on file for Client are declined for a monthly payment, Client shall provide a new eligible payment method promptly or Client will be immediately removed from the Course.
If Client does not request a refund within the required refund policy as indicated in Section 5, Client is required by law to complete the remaining payments of the payment plan. Client understands that his/her membership will automatically continue and that he/she authorizes Company (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for Client’s account.
5. Refund Policy
Dolly DeLong Photography, LLC provides a 15 day money-back guarantee for the Course program. If Client does not request the refund within 15 days, no refund will be given. Client must submit proof of work performed and his/her best efforts to achieve results pursuant to a refund requirement document provided by Dolly DeLong Photography, LLC. Client must include all coursework with his/her request for a refund. Dolly DeLong Photography LLC, in its sole discretion, will determine if Client is entitled to a refund. Upon determining that a refund will be given, Dolly DeLong Photography LLC will notify its payment processor to issue the refund. Dolly DeLong Photography LLC does not control its payment processor and the refund will be processed according to that company’s terms and conditions. Any refund given will immediately terminate Client’s access to the Course (The Revolutionary Lab).
(*unless client uses a coupon code and if they use a coupon code then it is non refundable)
6. Personal Information
By participating in the Course, Client will be asked to register with the Course hosting platform to receive access to Course materials. Client shall select a username and password and may be asked to provide further personal information. Client agrees to allow Dolly DeLong Photography LLC access to this personal information for all lawful purposes. Client is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Dolly DeLong Photography LLC on any changes to his/her identifying information.
The billing information provided to Dolly DeLong Photography LLC by Client will be kept secure and is subject to the same confidentiality and accuracy requirements as Client’s identifying information indicated above. Providing false or inaccurate information, or using the Course for fraud or unlawful activity, is grounds for immediate termination from the Course (The Revolutionary Lab)
7. Client Contributions
Through Client’s participation in the Course, Client may post materials, comments, or replies to comments (“Client Contributions”) on Course pages, materials, or the Facebook group. Client grants Dolly DeLong Photography LLC a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit, and make derivative works of all Client Contributions.
Dolly DeLong Photography LLC may offer bonuses to Clients throughout the Course program. Client is entitled to any bonuses offered at the time of enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the Course and vary depending on live and automated promotions throughout the year. Dolly DeLong Photography LLC reserves the right to change or alter bonuses and promotions in its sole discretion.
All Course materials, documents, Facebook posts/comments/replies, emails, blogs, digital files, paper documents, and any other work created by (Company) Dolly DeLong Photography LLC in relation to this Agreement is the exclusive and sole property of Dolly DeLong Photography LLC and are protected by United States Copyright Laws (USC Title 17). Client hereby agrees that Dolly DeLong Photography LLC’s Course and accompanying content is owned by Dolly DeLong Photography and is not to be used for purposes beyond client implementation. Client is granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Course content and resources. Client shall not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Course. Violators of this federal law will be subject to its civil and criminal penalties.
Client may terminate this Agreement upon giving 30-days written notice to Company, but no refund will be given. Notice may be given via email. If such notice is given, Company is not required to refund Client any amount.
Company (Dolly DeLong Photography LLC) may terminate this Agreement in the event Client breaches contract.
Company is generally available to provide services during normal business hours: Monday – Friday 9am – 5pm CST, excluding holidays. Company WILL ONLY answer communication through the Course platform or private Facebook group. Company WILL NOT answer any emails or direct messages on social media from Client. Company will respond to Client within 72 hours during business hours.
12. Service Location
Both Parties agree and understand that the Course platform, Facebook Group, and additional services to be provided under this Agreement shall be performed virtually.
Client shall not (i) disclose to any third party any details regarding the business of the Company, including, without limitation the names of any of its course materials, coaching materials, customers, the prices it obtains, the prices at which it sells products and programs, its manner of operation, its plans, its coaching strategies, any of the Company’s trade secrets or any other information pertaining to the business of the Company (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Company, or (iii) use Confidential Information other than solely for the benefit of the Company.
Client will indemnify, defend and hold harmless Company, its affiliates, customers, employees, successors, assigns, officers and directors from and against any losses, damages, claims, fines, penalties and expenses (including reasonable attorneys’ fees) that arise out of or result from: (a) injuries or death to persons or damages to property, including theft, in any way arising out of or caused or alleged to have been caused by the services performed by Company or persons furnished by Company; (b) assertions under Workers’ Compensation or similar acts made by persons furnished by Company; (c) any failure by Company to perform its obligations under this Agreement; (d) any negligent act or omission committed by Company in the performance of the Services or (e) any claims, actions, or other proceedings based on a claim that any work provided by Company infringes upon or violates any U.S or foreign patents, copyrights, trade secrets, or other third party proprietary rights.
15. Limitation of Liability
No Consequential or Indirect Damages
In no event shall Company be liable under this Agreement to Client or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connective with any breach of this Agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not Client was advised of such damages, and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
Liability for a partial loss of services shall be prorated based on the percentage of total fee under this Agreement. The sole remedy for any actions or claims shall be limited to a refund, the maximum amount not to exceed the total monies paid by Client under this Agreement.
16. Force Majeure
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) control, including, but not limited to, the following force majeure
events (“Force Majeure Events”): (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. The Impacted Party shall give Notice within [number] days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of [number] days following Notice given by it, the other party may thereafter terminate this Agreement upon Notice. All payments made by Client up to the date of Notice of a Force Majeure Event are non-refundable.
17. Cancellation of Services by Company
In the event Company determines, in its sole discretion, that it cannot or will not perform its obligations under this Agreement due to circumstances including, but not limited to, injury, illness, death of family member, pregnancy, military orders, religious obligations, or other personal emergencies, it will:
• Immediately give notice to Client;
• Issue a refund or credit based on a reasonably accurate percentage of services rendered; and
• Excuse Client of any further performance and/or payment obligations under this Agreement.
Company and the Client 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 Company. The parties further agree to do nothing that would damage the others business reputation or good will; 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.
The Course and additional services provided by Company according to this Agreement are for informational purposes only. Client acknowledges and agrees that any information posted in the Course, Course materials, or Facebook group is not intended to be legal advice, medical advice, financial advice, or other professional advice, and no fiduciary relationship has been created between Company and Client. Client agrees that his/her participation in the Course is at his/her own risk. Company does not assume or accept responsibility for the security of Client’s account or content. Client agrees that his/her participation in the creation of an online account is at his/her own risk. In the event a breach of security has occurred, Company will notify Client pursuant to all laws and regulations.
Company does not make any guarantees as to the results, including financial or other personal gains, of any services provided or for Client completing the Course program. Client agrees to take responsibility for Client’s own results.
21. Release & Reasonable Expectations
Client has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s services throughout the Course program will produce different outcomes and results for each Client. Client understands and agrees that:
• Every client and final result is different.
• Course content is intended for a mass audience and that Company will use its best efforts to create favorable experiences to each Client depending on their business and personal needs, but that no 1-on-1 services are expected or guaranteed under this Agreement.
• Dissatisfaction with Company’s independent judgment or coaching style in the Course are not valid reasons for termination of this Agreement or request of any monies returned.
22. Spam Policy
Client is strictly prohibited from using the Course and Course materials for illegal spam activities, including, but not limited to, gathering contacts, email addresses, or other personal information from fellow Course students and distributing such information to third parties or sending any mass commercial emails.
23. Warranty Disclaimer
Client agrees that his/her participation in the Course and use of the Course program is at his/her sole and exclusive risk, and that any services provided by Company are on an “as is” basis. Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to, the implied warrant of fitness for a particular purpose and the implied warrant of merchantability. Company makes no warranties that the Course will meet your needs or that the Course will be uninterrupted, error-free, or secure.
24. Sales Tax
Should any sale and/or use tax be imposed on any part of this Agreement, such tax shall be collected from Clients and remitted by Company. All sales tax will be included on invoices.
25. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
26. Venue and Jurisdiction
The laws of the State of Tennessee shall govern this contract, and any resulting arbitration shall take place within Davidson Co, TN. Both parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement become necessary.
27. Mediation and Arbitration
Any and all disputes or disagreements rising between the parties out of this Agreement upon
which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural 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 [county, state], 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 own costs and expenses in presenting the dispute for arbitration.
This Agreement cannot be transferred or assigned to any third party by either the Company or Clients without written consent of all Parties.
29. Severability & No Waiver
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.
Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.
Parties shall provide effective notice (“Notice”) to each other via email at the date and time which the Notice is sent: Company’s Email: firstname.lastname@example.org ; Clients’ Email: __________________
32. Counterparts; Facsimile Signatures
A copy of this Agreement may be executed by each individual/entity separately, and when each has executed a copy thereof, such copies, taken together, shall be deemed to be a full and complete agreement between the parties. The parties agree that a facsimile copy (electronic copy) of this Agreement, which contains the parties’ signatures, may be used as the original.
Client Signature (is by checking the box on the order form)
By checking the box on this order form and upon completion of purchase, Client has read, understands, and agrees to the terms and conditions of this Agreement.
(Client checked the box in payment portion before purchasing the course and this page was linked to that payment portion under terms and conditions)