RADIANT MOTHER SERVICES AGREEMENT
Purchaser (“Client”) and Stephanie Dickerson, LMT (“Provider”) collectively referred to as the "Parties".
By purchasing I (“Client”) am choosing to be provided with the “Services" (defined below) by Stephanie Dickerson, LMT (“Provider”) and Stephanie Dickerson, LMT agrees to provide the Services to Client on the terms and conditions of this Agreement.
1. Key Terms
The Provider shall provide the following services ("Services") to the Client in accordance with the terms and conditions of this Agreement:
Provider shall provide a four (4) week program with weekly modules including written materials that Provider will make available via its website at www.StephanieDickerson.com (“Materials”), as well as weekly one to two hour live question and answer sessions (via Zoom) and a bonus Self-Care Kit delivered to mailing address provided during checkout.
1.2 Delivery of the Services
Start date: The Provider shall commence the provision of the Services on June 21, 2019.
Completion date: The Provider shall complete the Services by/on July 21, 2019 ("Completion Date").
The Provider shall provide the Services at www.StephanieDickerson.com
As consideration for the provision of the Services by Provider, the price for the provision of the Services is $497 USD for a 4 week program (“Price”).
The method of payment by Client to Provider shall be by credit card payment through www.StephanieDickerson.com through Kajabi/Stripe.
1.6 No Refunds.
By accepting the terms of this Agreement, Client agrees and understands that you are foregoing the right to claim any refund of fees paid for the Services except in the case that the Provider deems that they are unable to provide said Services.
2. General terms
2.1 Medical Disclaimer
The Services and Materials are not intended to be a substitute for professional medical advice, diagnosis, or treatment, and do not constitute medical or other professional advice. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of Services received from Provider.
2.2 Intellectual Property Rights
Client acknowledges that any Materials (including Audio and/or Visual Presentations, Documentation, and other elements of the weekly modules or Materials) are the sole Intellectual Property of Stephanie Dickerson and/or Summer of Love/Radiant Mother under United States copyright, trademark and other intellectual property laws and international treaties. Client further acknowledges and agrees that, as between Client and Provider, Provider and its third party licensors own and shall continue to own all right, title, and interest in and to the Materials, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Materials, whether by implication, estoppel, or otherwise.
Provider represents and warrants that it will perform the Services with reasonable care and skill.
2.3 Limitation of liability
Subject to the Client’s obligation to pay the Price to Provider, either party’s liability in contract, tort or otherwise (including negligence) arising directly out of or in connection with this Agreement or the performance or observance of its obligations under this Agreement and every applicable part of it shall be limited in aggregate to the Price.
2.4 Term and Termination
This Agreement shall be effective on the date hereof and shall continue, unless terminated sooner in accordance with Clause 2.4(b), until the Completion Date. Either Party may terminate this Agreement upon notice in writing if the other is in breach of any material obligation contained in this Agreement, which is not remedied (if the same is capable of being remedied) within 30 days of written notice from the other Party so to do.
2.5 Relationship of the Parties
The Parties acknowledge and agree that the Services performed by Provider shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.
Neither Party will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.
Any notice which may be given by a Party under this Agreement shall be deemed to have been duly delivered if delivered by hand, first class post, facsimile transmission or electronic mail to the address of the other Party as specified in this Agreement or any other address notified in writing to the other Party. Subject to any applicable local law provisions to the contrary, any such communication shall be deemed to have been made to the other Party, if delivered by:
ii. first class post, 2 days from the date of posting;
iii. hand or by facsimile transmission, on the date of such delivery or transmission; and
iv. electronic mail, when the Party sending such communication receives confirmation of such delivery by electronic mail.
a. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
b. If any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity or enforceability of the remainder of this Agreement shall be affected.
c. Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party.
d. This Agreement may not be amended for any other reason without the prior written agreement of both Parties.
e. This Agreement constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about this Agreement was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto.
f. Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion or industrial dispute. If such delay or failure continues for at least 7 days, the Party not affected by such delay or failure shall be entitled to terminate this Agreement by notice in writing to the other.
g. This Agreement shall be governed by the laws of Alaska.