Launching Brand Stardom Online Course Agreement
Last Updated: October 8, 2024
This Agreement is entered into between you, the Client, and Jasmin Plouffe, LLC for services to be provided by Jasmin Plouffe, LLC as described in the below Scope of Services.
Definitions:
“Company” means Jasmin Plouffe, LLC, its representatives, agents, employees, successors, and assigns.
“Client,” “client,” and “you” mean you, your representatives, agents, employees, successors, and assigns.
“The Parties” means Jasmin Plouffe, LLC and Client.
“Agreement” means this Agreement.
“Call” and “Calls” mean the coaching calls described in the Scope of Services below.
“Program” means Launching Brand Stardom as described in the Scope of Services below.
“Package” and “packages” means the respective coaching package (Essential Package, Enriched Package, Exclusive Package) selected by Client when Client enrolled in the Program.
“Course Materials” means all materials created by Company and provided to Client for use throughout this Program, including but not limited to all course, videos, audio recordings, written materials, graphics, photographs, designs, logos, workbooks, templates, trademarks, trade names, and any other course-related materials provided by Company.
Agreement:
The Parties agree that, in exchange for the payment made in accordance with the payment schedule described below, Company shall provide Client with its online branding course, Launching Brand Stardom, as described in the Scope of Services below.
Scope of Services: The services to be provided are as follows:
If Client selected the Essential Package, Client shall receive the following:
Lifetime access to Company’s online branding course, Launching Brand Stardom (Essential Package), which consists of:
Six (6) recorded Modules on branding and marketing, provided via Squarespace.
One (1) Brand Workbook.
One (1) Marketing habit tracker.
Seven (7) Canva templates created by Company that go along with the course content.
If Client selected the Enriched Package, Client shall receive the following:
Lifetime access to Company’s online branding course, Launching Brand Stardom (Enriched Package), which consists of:
Six (6) recorded Modules on branding and marketing, provided via Squarespace.
One (1) Brand Workbook.
One (1) Marketing habit tracker.
Seven (7) Canva templates created by Company that go along with the course content.
Up to six (6) live, group coaching calls, which will occur within the first three (3) months of Client’s enrollment. Company shall have sole discretion in scheduling the group coaching calls, and the calls will not be recorded. If Client misses a group coaching call, Client will not be able to make it up.
If Client selected the Exclusive Package, Client shall receive the following:
Lifetime access to Company’s online branding course, Launching Brand Stardom (Exclusive Package), which consists of:
Six (6) recorded Modules on branding and marketing, provided via Squarespace.
One (1) Brand Workbook.
One (1) Marketing habit tracker.
Seven (7) Canva templates created by Company that go along with the course content.
Four (4) one-on-one sixty (60) minute coaching calls, to be mutually coordinated between Client and Company, which will occur within the first three (3) months of Client’s enrollment. These calls will be recorded and available for download for thirty (30) days following each call.
Amendments to the Scope of Services: Any verbal or written changes to the scope of the services following the signing of this Agreement by both parties are subject to additional charges and must be agreed upon in writing by the Parties.
Rescheduling of Calls: For clients who selected packages with coaching calls, Client will not be able to reschedule any group calls, and they will not be recorded. Client may reschedule one-on-one coaching calls if Client gives Company at least forty-eight (48) hours advance written notice of the need to reschedule.
Payment Schedule and Timeline: In exchange for the services to be provided, Client agrees to pay Company the amount selected on Company’s website when Client enrolled in the Program. Client agrees to pay this amount upfront via Stripe at the time Client enters into this Agreement.
Refund Policy and Chargebacks. Except as otherwise provided in this Agreement, due to the immediate nature of the services being provided, all payments are non-refundable. Company does not accept chargebacks and reserves the right to report any chargebacks to credit reporting agencies. If a chargeback is initiated, Company reserves the right to terminate services and revoke any rights granted under this Agreement immediately, without notice.
Intellectual Property Rights: The Program and all Course Materials are the exclusive property of Company and are protected by copyright, trademark, and other intellectual property laws.
License to Use: Upon enrollment and full payment of applicable fees, Company grants Client a limited, non-exclusive, non-transferable, and revocable license to access and use the Program and Course Materials solely for Client’s internal business purposes. This license does not grant Client the right to resell, share, copy, distribute, or use the Program or Course Materials for any commercial purposes beyond the scope set forth in this Agreement.
Restrictions on Use: Except for Client’s internal business purposes, Participants shall not, without prior written consent from Company:
Reproduce, resell, share, copy, distribute, modify, create derivative works from, publicly display, publicly perform, republish, sell, or transmit the Program or any of the Course Materials. However, Client may modify the Canva Templates provided in the Program and display any modified templates for branding and marketing purposes only.
Share their login credentials or access to the Program or Course Materials with any third party.
Reverse engineer, decompile, or disassemble any part of the Program or Course Materials.
Use of Your Photographs and Testimonials in Marketing: By participating in the Program or otherwise commenting or posting to any of Company’s channels, Client represents that Client is at least eighteen (18) years old. By participating in the Program, Client consents to photographs, video recordings, audio recordings, including webinars, Zoom, and other communications that Company may make during the Program that may contain Client, Client’s likeness, Client’s voice, Client’s comments, or Client’s personal information such as username or email address.
By participating in the Program or otherwise commenting or posting to any of Company’s channels, Client gives Company permission to use anything Client submits or posts in any Company website or online forum, including any third-party forum or website operated by Company, as well as anything captured by Company during Client’s participation in the Program. This includes images in which Client’s face is visible and recognizable, as well as comments that may show Client’s name, username, or email address. Client agrees that Company may use these materials for any purpose, including commercial purposes, advertising, and marketing.
Client Commitment: Client is responsible for creating and implementing Client’s own results. Client agrees that Company is not and will not be liable for any actions or inaction, or for any direct or indirect result of any services provided by Company. Client understands this Program is not therapy and does not substitute for therapy if needed and does not prevent, cure, or treat any mental disorder or medical disease. Client understands that coaching is not to be used as a substitute for professional advice by legal, mental, medical, or other qualified professional and will seek independent professional guidance for such matters.
No Guarantee of Results: Company does not and cannot guarantee any specific results from the Program.
Release of Claims: Client has chosen to work with Company, and Client assumes full responsibility for its participation in the Program. In consideration of being permitted to participate in the Program, Client knowingly, voluntarily, and expressly waives any claim it may have or may acquire against Company for any injury, condition, or damages that it may sustain as a result of participating in the Program other than those resulting from gross negligence or willful misconduct on part of Company.
Limitation of Damages: Except as expressly set forth herein, in any action or proceeding arising out of, relating to or concerning this Agreement, including any claim of breach of contract, liability shall be limited to compensatory damages proximately caused by the breach. Neither Party shall, under any circumstances, be liable to the other Party for consequential, incidental, indirect or special damages, including but not limited to loss of actual or anticipated profits or income, punitive damages, loss of revenue; loss of contracts; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data; or any indirect or consequential loss, whether such loss or damage was foreseeable or in the contemplation of the Parties.
Indemnification: Client agrees to indemnify, defend, and hold harmless Company, its affiliates, owners, employees, and agents from and against any and all third party suits, claims, demands, causes of action, liabilities, damages, judgments, losses, costs and expenses, including reasonable legal expenses and attorney’s fees, to the extent such losses result from any breach of the Agreement or violation of any law by Client or breach of contractual or fiduciary obligation owed by it to a third party. Additionally, Client shall indemnify and hold Company harmless against any claims or damages arising from the unauthorized use of third-party materials provided by the Client.
Immediate Injunction for Intellectual Property Violations: Both parties acknowledge that a violation of the intellectual property terms may cause irreparable harm for which monetary damages alone would not be a sufficient remedy. If a breach of the above Intellectual Property terms set forth in this Agreement occurs, either party may seek an immediate injunction to prevent further violation of intellectual property rights.
To do so, the party seeking the injunction must provide written notice to the other party detailing the alleged breach and the specific provisions of the intellectual property terms that have been violated. Upon receiving the notice, the alleged breaching party shall have a period of three (3) days to cure the identified breach. If the alleged breach is not cured within the specified period, the aggrieved party may seek an immediate injunction by filing an application with the appropriate court. Considering the urgency and the potential irreparable harm to its intellectual property rights, the aggrieved party shall have the right to seek injunctive relief without the need to post a bond or security. The granting of an injunction shall not prevent the aggrieved party from seeking additional remedies, including monetary damages, through further legal proceedings
Assignment: Neither party may assign, transfer, or encumber its rights or obligations under this Agreement or permit the same to be transferred, assigned, or otherwise encumbered by operation of law or otherwise, without the prior written consent of the other party.
Governing Law: This Agreement, and all claims or causes of action related to the enforcement of this agreement and any claims for damages that may arise from the performance of this agreement (whether based in contract, tort, or statutory) that may be based upon, arise out of or relate to this agreement, or the negotiation, execution, or performance of this agreement (including any claim or cause of action based upon, arising out of or related to any representation or warranty made in or in connection with this agreement or as an inducement to enter into this Agreement), shall be governed by, and enforced in accordance with, the laws of the state courts in Nassau County, New York, in the United States of America, including its statutes of limitations, regardless of this Agreement’s place of execution and place of performance.
Mediation: In the event of any dispute related to this Agreement, the parties agree to first attempt to resolve such dispute through mediation with a jointly selected, neutral mediator before commencing legal proceedings. The parties agree to cooperate and act in good faith when selecting the mediator, scheduling mediation, and attending mediation. The costs of the mediation shall be equally split between the parties.
Attorneys’ Fees: In the event of any dispute between the parties concerning the terms and provisions of this Agreement, or an action for damages arising from this Agreement, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred in such dispute, including reasonable attorneys’ fees.
Client agrees that if Company is forced to initiate collection actions against Company for non-payment of fees owed by Client, Client will reimburse Company for any such collection fees, including reasonable attorneys’ fees, incurred in connection with such collection actions.
Notice: All notices to the parties must be in writing and sent to the other party via e-mail or via U.S. Mail, certified return receipt, to one of the addresses provided by the parties below:
Jasmin Plouffe, LLC
Email: hello@jasminplouffe.com
Company will send Notice to the contact information provided by Client via Stripe when Client enrolled in the Program.
No Waiver. The failure of a party to insist upon strict adherence to any term of this Agreement shall not be considered a waiver of such party’s rights or deprive such party of the right to later insist upon strict adherence to that term or any other term of this Agreement.
Severability. Any provision of this Agreement which is held to be void or unenforceable shall not invalidate the remaining provisions of this Agreement.
Enrollment Agreement: By enrolling in the Program, Client certifies that Client has read, understood, and voluntarily agrees to all the terms of this Agreement.
Entire Agreement: This Agreement constitutes the entire Agreement between the parties with respect to the scope of services and subject matter herein. It supersedes any prior agreements and understandings between the parties.