The purpose of this agreement is to set forth the details so that we are both clear as to what each of our respective roles are and how our communication will take please so that our time will be positive, productive, and comfortable!
By enrolling in the program you are acknowledging that you have read and agree to the following.
(this is the same client agreement will also be in your PLATFORM VIRTUAL CAMPUS)
Program Description: PLATFORM Program (“Program”) includes:
24 Weeks of LIVE Lectures (12 in the Fall & 12 in the Spring)
You will have access to at least one weekly group calls as outlined in the calendar. Calls will be at least 60 minutes long, where Dr. Tracy will be present to present material on Business Growth, Entrepreneurial, Social Media, and/or Mindset topics, and to answer questions. Calls will allow for LIVE interaction such as raising hands to speak and discuss and/or utilization of a chatbox for your questions.
Weekly Study Halls are held to answer questions and PLATFORMER may have during the week. They will also be conducted LIVE style where you will have the ability to raise your hand to chat with me or utilize the chatbox inside of ZOOM.
Exclusive Facebook Group (Access Granted during Orientation Week Starting Sept 8, 2020). You will have access to the exclusive Facebook Group, where you can submit questions, files, videos, marketing pieces and any other materials for me and/or the group to weigh in on. You will have lifetime access to the Group.
Virtual Campus Access (Access Granted during Orientation Week Starting Sept 8, 2019). You receive access to the PLATFORM Virtual Campus, our online portal, which includes written materials and video and audio lessons on business topics. You will have lifetime access to all materials.
Expectations
During the Program, you can expect that Dr. Tracy Timberlake will:
I expect that you will:
Contacting Tracy: I like to be as attentive to my clients as I possibly can. If you need my support between or weekly calls, you will have unlimited access to me via our Facebook Group for the duration of the Program. You are welcome to post anytime in there. I check my Facebook Notifications twice a day, once in the morning and once in the evening. While it is very likely that you will receive a response from me a lot sooner, I will do my best to respond within 24 hours on weekdays. On weekends and holidays, I will do my best to reply to you by the next business day.
Investment and Payment:
Investment: You agree that you are financially willing to invest in this Program by choice. For those who opted for the Installment Plan, installments are automatically deducted every 30 days, according to the day you enrolled.
If paying by debit or credit card, you give us permission to automatically charge your card as payment for your Program and for future installments, and you will receive an electronic receipt. Please keep these for your tax records. This program is tax deductible.
Missed Payment:
Installment plans are automatically charged on the same day of each month. If payment fails, you will receive a notice via email and will have a 5-day grace period to make the payment. Otherwise, your Program will be put on hold until payments have been updated.
There is a NO REFUNDS policy.
By acknowledging this legally binding Agreement, you understand that no one has represented to you that refunds are available. Even if you cannot participate for any reason, you will continue to be billed according to your Installment schedule of this Agreement through the end. Timberlake Ventures & Successinista, LLC considers this policy a material inducement to entering into this Agreement, and would not have done so unless this No Refunds policy were included. If you initiate a chargeback, Timberlake Ventures & Successinista, LLC may issue an additional $250 fee to you.
Confidentiality:
You recognize that in the course of our work together, you may divulge goals, future plans, business affairs, personal past history, and any other private information. I will not disclose any of your private information to a third party unless: (1) they have a legitimate reason to know such information as a member of my team/staff (2) it is required by law or (3) you have given me written consent.
Intellectual Property Rights:
I retain all ownership and intellectual property rights to the Program content and materials that may be provided to you including all copyrights and trademarks belonging to me. The Program content and materials being provided to you are for your INDIVIDUAL use only and with a single-user license which means that you are not allowed or are authorized to share, copy, sell, post, distribute, reproduce, duplicate, trade, resell, exploit, or otherwise disseminate any portion of the Program or Program materials electronically or otherwise, for business or commercial use, or in any other way that earns you money without my prior written consent.
Personal Responsibility and Assumption of Risk:
You acknowledge that you take full responsibility for yourself and all decisions made before during and after your Program. You accept full responsibility for the actions and results of your choice before, during and after this Program and you knowingly assume all of the risks of the Program related to your use misuse or non-use of the Program or any of the Program materials. You understand and agree that you are solely responsible for your results.
Disclaimer:
I have used care in preparing the information provided to you but this Program and my Program materials are being provided as self-help tools for your own use and for informational and educational purposes only. There are many factors that influence results, so no guarantees can be made as to the results you will experience through this Program, you agree that as a High-Impact Coach I am not responsible for your physical, mental, emotional, and spiritual health, nor for your financial earnings or losses, nor for any other personal or business results or outcomes that you may experience through this Program. Nothing related to this Program is intended to be considered medical, mental health, legal, financial, religious advice in any way. By signing this agreement you agree that you're also consenting to the full disclaimer which may be found on my website
Limitation of Liability, Indemnification, and Release of Claims:
I, Tracy Timberlake will not be held responsible in any way for the information that you request or receive through this Program including services, products, and Program materials and any other information you have received from or through me related to this Program. You agree that you fully and completely hold harmless, indemnify, and release me from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law or equity that you ever had, now have, or may have against me in the future that may arise from your participation in the Program, including all services, products, and Program materials, to the extent permitted by applicable law.
Termination:
Should I, as the Coach choose to terminate this Agreement at any time, I will provide you with 72 hours written notice via email. Any outstanding payments for services that have already been provided to date are due immediately and payable. No refunds will be provided. Should you as a Client choose to terminate the agreement at any time you are to (1) provide 72 hours written notice via email (2) remain financially responsible for the full cost of the Program, (3) immediately make payments that are outstanding and due, and (4) understand that no refunds are provided. All terms of this Agreement, including all Investment, Refund Policy, and Intellectual Property terms will still apply even after termination by either parties.
Notice:
All correspondence or notice required regarding the Program should be made to me by email at [email protected] and to you at the email address you provided during your enrollment in the Program. Should your email address billing information or contact information change it anytime throughout the Program it is your responsibility to provide your updated information to me within 3 days of any change.
Entire Agreement, Assignment, Survivability and Waiver:
This agreement contains our entire agreement. This agreement may be modified or amended at any time as long as the amendment is in writing and signed by both of us. You may not assign your rights or obligation under this agreement to anyone else and the obligations under this agreement shall survive indefinitely unless otherwise stated in the agreement. If I choose to waive or not enforce one or more terms of this agreement it does not in any way limit my right to later enforce every part of this agreement
Governing Law:
This Agreement shall be construed according to the laws of the State of Florida.
Dispute Resolution:
Should we ever have differences, it is hoped that we could work them out amicably through email correspondence. However, if we are unable to seek a resolution within 14 days we agree now that the only method of legal dispute resolution that will be used as binding arbitration before a single arbitrator jointly selected by both of us, unless we both agree otherwise in writing. You understand and agree now that the only remedy that can be awarded to you through arbitration is the full refund of your payment made to date. No other actions are Financial Awards of Consequential Damages or any other type of Damages may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment and to any Court having the appropriate jurisdiction. You also agree that should arbitration take place it will be held in the State of Florida where my principal place of business is located and the prevailing party shall be entitled to all reasonable attorney fees and all costs necessary to enforce the decision of the arbitrator.
Non-Disparagement:
If there is a dispute between us, you agree to not publicly or privately make any negative or critical comments about the Program, my business or me, or to communicate with any other individual, company or entity in a way that disparages the Program or harm the reputation in any way, including social media. Should there be a legal period in arbitration or when required by law, of course, you're not prohibited from publicly sharing your thoughts and opinions in those circumstances.
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