BEAUTYBRANDR TERMS OF SERVICE AGREEMENT
The terms “Company”, “Agency”, “we”, “us”, and “our” refer to Beautybrandr LLC. The term “Site” refers to beautybrandr.com and all other websites owned or operated by Beautybrandr LLC or its subsidiaries. The term “Client”, “Member”, “Student”, “user,” “you” and “your” refers to clients, client team members (including employees, contractors and other representatives of client and client’s company), and any other users of the site. The terms “Service” and “Program” refers to the services or programs available for purchase from Beautybrandr LLC as outlined below.
Use of the Service, including all information and educational materials presented herein by Beautybrandr LLC, is subject to the following terms and conditions. These Terms and Conditions apply to all clients, and all other users of the site. By purchasing the program, checking the box below in the checkout process, and/or using the Site or Service you agree to these Terms and Conditions, without modification, and acknowledge reading them.
WHEREAS, The Client desires to retain the Company to act as a business consultant and advisor in connection with the Client’s business matters;
WHEREAS, The Company has experience in providing business consulting and advisory services to individuals, corporations, partnerships and other business organizations;
WHEREAS, the Client is seeking and the Company is willing to furnish business consulting and advisory services to the Client on the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of, and for the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
RECITALS. The recitals set forth above are incorporated herein by reference.
PURPOSE. The Client hereby engages the Company on a non-exclusive basis for the term specified in this Agreement to render business consulting and advisory services upon the terms and conditions set forth herein. The Client engages the Company by purchasing the service, selecting the option in the checkout process, and/or using the Site or Service you agree to these terms and conditions, without modification, and acknowledge reading them.
REPRESENTATIONS OF THE COMPANY AND THE CLIENT. The Company represents and warrants to the Client that it is free to enter into this Agreement and that the business consulting and advisory services to be provided pursuant to this Agreement are not in conflict with any other contractual or other obligation to which the Company is bound. The Client acknowledges that the Company is in the business of providing business consulting and advisory services to others and that nothing herein contained shall be construed to limit or restrict the Company in conducting such business with respect to others, or rendering such services to others.
SCOPE OF BUSINESS CONSULTING AND ADVISORY SERVICES. Client hereby retains Company to provide business consulting and advisory services by purchasing any of the options below:
1:1 Strategic Advisory Services
Group Advisory Programs
Brand Management Services
Online Courses
Discussion topics may include but are not limited to general business planning, brand strategy, customer targeting and acquisition, cost of goods and pricing analysis, product development, operations, and marketing strategy.
ADDITIONAL SERVICES. All additional services outside the scope of this Agreement, will require additional fees and must be requested in writing (via email), discussed and agreed upon by the parties, and/or purchased via the website by the Client. Additional services, beyond those described above. Additional services will be performed in accordance with and governed by the terms and conditions set forth in this Agreement.
DUTIES OF THE COMPANY. During the term of this Agreement, the Company will provide the Client with business consulting and advisory services as specified above. The Company agrees to use reasonable efforts on behalf of Client to perform the Services for Client. Company’s responsibility to perform the Services extends to Client in its corporate capacity, only, and not to any individual officer, employee, affiliate, or other representative of Client in an individual capacity. In performance of these duties, the Company shall provide the Client with the benefits of its best judgment and efforts. It is understood and acknowledged by the parties that:
the Company is not required to take action on or execute any of the strategies or tactics discussed
the Company may conduct online research in its efforts to provide the Client with recommendations for software, vendors, suppliers, service providers, trade organizations, associations, or other industry or general business-related best practices.
the amount of time the Company spends rendering such business consulting and advisory services shall be determined according to the scope of the service purchased by the Client.
CLIENT RESPONSIBILITIES. Client agrees to use reasonable efforts in assisting the Company in providing the Services, including without limitation responding to emails and questions that are submitted by the Company, as well as providing all tools, information and documentation that may be required by Company to effectively advise Client in connection with the performance of services.
TERM. This agreement will begin upon Company’s receipt of initial payment and will end as determined by the option selected at the time of purchase, or upon Company’s receipt of final payment and completions of any accrued sessions. Any and all accrued sessions must be completed within 3 months of final payment. Available term options include, but are not limited to partnerships of 3 months, 6 months, or 12 months.
COMPENSATION. The Company will be paid in accordance with this agreement for service(s) purchased and delivered at the corresponding rate(s) as listed in the website www.beautybrandr.com, or other website, portal or channel owned or managed by Company, or as outlined in an invoice or quote provided by the Company.
If said fee is not in receipt within 7 days of the due date, a ten percent (10%) penalty fee will be added to that month’s payment. Company reserves the right to withhold service delivery until all outstanding fees and assessed penalties are paid in full.
Client authorizes the Company to automatically charge the credit card provided and on file for any and all service fee balances and any assessed penalties owed, and Client agrees to keep this information current with the Company.
NO REFUND POLICY. Client understands and agrees that there is a strict no-refund policy. Requests for refunds will not be honored by the Company. All payments made are non-refundable.
DISPUTED PAYMENTS. Upon your purchase of any Service, you waive any right to file a dispute with your credit card provider, payment processor, and/or other financial institution regarding the amounts paid or owed by you for your purchase of the Service, whether or not your Service has been terminated for your violation of these Terms.
FAILURE TO MAKE TIMELY PAYMENTS. If any payment is insufficient or declined for any reason, the Company may terminate the Service without liability. Your termination of the Service due to your failure to pay the requisite Service Fee does not excuse you from your obligation to pay the amounts owed in full. You understand that the Company may utilize third-party collection services to recover any outstanding amounts owed by you for the Service.
INDEPENDENT CONTRACTOR. Both the Client and the Company agree that the Company will act as an independent contractor in the performance of its duties under this contract, and that no partnership or joint venture is created between us. Accordingly, the Company shall be responsible for payment of all taxes including Federal, State and local taxes arising out of the Company's activities in accordance with this contract, including by way of illustration but not limitation, federal and state income tax, social security tax, unemployment insurance taxes, and any other taxes or business license fee as required.
NO GUARANTEES. Client accepts, agrees and understands that you are fully responsible for your progress and results from your participation and that the Company offers no representations, warranties or guarantees verbally or in writing regarding your future earnings, business profit, marketing performance, or audience growth of any kind. Client acknowledges that Company cannot guarantee any results for business consulting and advisory services as such outcomes are based on subjective factors that cannot be controlled by Company. Company cannot guarantee the outcome of any Service and Company’s comments about the outcome are expressions of opinion only. The Company does not guarantee that you will get any specific results using any of our ideas, tools, strategies or recommendations, and nothing in our Service(s) is a promise or guarantee to you of such results. Company makes no guarantees other than that the services described herein shall be provided to Client in accordance with the terms of this agreement.
NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its services, programs, members, owner directors, officers, affiliates, subsidiaries, employees, agents or representatives.
LAWFUL PURPOSES. To purchase or use this Service(s), you must be at least eighteen (18) years old and have the requisite power and authority to enter into these Terms of Service. You may purchase this Service(s) for lawful and legitimate purposes only. You agree to be financially responsible for all purchases made by you, You shall not request or submit to the Company any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
TERMINATION. If either Party wishes to terminate the agreement, they can do so with thirty (30) days notice to the other party in writing, by any means customary to the parties. If the Client chooses to terminate this agreement, all monies owed to the Company will be due immediately and may be automatically charged to the Client’s payment method on file. Under no circumstances will the Company give refunds of the amount paid for the Services hereunder. Upon notice of termination, if the Client has completed all payments for any services already in progress, the Company will schedule and complete any accrued advisory sessions that have been purchased. If the Client has not completed all payments for advisory programs and/or any projects in progress, the Company will cease all service as of the effective date of termination, and immediately cancel any future scheduled advisory sessions. After 30 days of no contact or communication from Client to the Company, the Company will assume Client is no longer in need of the Company’s services, and the Company may terminate this Agreement; in this event, any and all unpaid fees will be due and collectible at the time of termination.
REFUSAL OF SERVICE. We reserve the right to refuse Service to any person or entity, without the obligation to assign reason for doing so. We reserve the right to immediately cease the Service without refund if, in the Company's sole discretion, you violate these Terms of Service.
EXPENSES. Client will reimburse Company at cost for actual travel and lodging expenses incurred in providing the Client with services under this agreement. Company will obtain approval prior to incurring expenses and will use reasonable efforts to limit travel and lodging expenses. Company will provide all copies of receipts with invoice.
LIMITATION OF LIABILITY. Client agrees that under no circumstances will the Company be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to these Terms of Service or the transactions it contemplates (whether for breach of contract, tort, negligence, or other form of action) and irrespective of whether the Company has been advised of the possibility of any such damage. In no event will the Company’s liability exceed the price the Client actually paid to the Company for the Service. Company assumes no liability for items lost, deleted, damaged, or publication errors after Client has given final approval on work or recommedations. Client’s legal department will review all copy and information provided by the Company for regulatory compliance and legality prior to final approval and publication, therefore Company assumes no liability for any matters related to (I) the Client’s regulatory non-compliance (II) the Client’s negligent and/or unlawful acts. Notwithstanding the foregoing, Company shall indemnify Client for any matters related to (I) the Company’s breach of this Agreement and (II) the Company’s negligent and/or unlawful acts, including but not limited to Company’s alleged infringement of trademarks or other intellectual property. In no event shall Company be liable for Client’s noncompliance with any regulatory matters.
INDEMNIFICATION. Client shall indemnify and hold Company harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Service. Client shall provide the Company with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. Client shall not settle any third party claim or waive any defense without the Company's prior written consent.
THIRD-PARTY RESOURCES. The service materials provided by the Company may contain links to third-party websites and resources. Client acknowledges and agrees that Company is not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
ERRORS, INACCURACIES, AND OMISSIONS. Client acknowledges that certain information provided about or in the Service is subject to change. Company makes no representation or warranty that the information provided, regardless of its source, is complete, current, or error-free. Company disclaims all liability for any inaccuracy, error, or incompleteness in the Service.
RELEASE. Client agrees that the Company may use any images, audio recordings or video recordings of you obtained while enrolled in the Program. You waive any right to payment, royalties or any other consideration for the use of such images, audio recordings, or video recordings. You waive the right to inspect or approve the finished product, including written or electronic copy, wherein your likeness appears. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estates have or may have by reason of this authorization.
CONFIDENTIAL INFORMATION. The Company agrees that any information received during any furtherance of the Company's obligations in accordance with this contract, which concerns the business affairs of the Client, and are not publicly available, will be treated by the Company in full confidence and will not be revealed to any other persons, firms or organizations.
Public Disclosure. Neither party may disclose the terms of this Agreement. Neither party shall make any formal or informal public statement, press release, or other announcement regarding the existence or terms of this Agreement without the other party’s prior written approval.
INTELLECTUAL PROPERTY. Client agrees that Service materials provided by the Company contain proprietary information that is owned by the Company and is protected by copyright, trademark, and other applicable intellectual property laws. You will not use the Service in a manner that constitutes an infringement of the Company’s rights or that has not been authorized by the Company. The use of the Company’s Service, except as permitted herein, is strictly prohibited and infringes on the intellectual property rights of the Company and may subject you to civil and criminal penalties, including possible monetary damages, for infringement on the Company’s intellectual property rights. The Company grants you a limited, personal, non-exclusive, non-transferable license to access the Service materials for your own personal and non-commercial use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, sell, distribute, duplicate, lease, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Program in any manner or medium (including by email or other electronic means). You shall not offer any competing products or services based upon any information provided by the Company or contained in the Service materials. Unless otherwise authorized by the Company, you shall not remove any copyright notice or author designation from any part of the Service materials.
OWNERSHIP. Company hereby assigns to Client all rights, title, and interest in the work produced under this Agreement. All rights, title and interest, including but not limited to possession and intellectual property rights, in and to products, documents, software, programs, content materials, and all other property, including but not limited to intellectual property, that the Company owned prior to the Effective Date shall at all times remain exclusively owned by Company. Company may display work, including Client’s brand logo, i.e., for use in portfolios, exhibitions and other self-promotion channels.
NON-SOLICITATION. During the term of this Agreement, and for one (1) year following termination of this Agreement for any reason, neither Company nor Client will, either directly or indirectly, individually or on behalf of or through a third person or entity, solicit any employee, independent contractor, or the like to perform any work for the other, unless permission is expressly granted in writing.
FORCE MAJEURE. Company shall not be liable for any costs or damages due to any delay or nonperformance of an obligation under this Agreement arising out of extraordinary events beyond our control, including acts of God, natural disaster, war, governmental action, incapacitating illness, outbreak or pandemic, or power failure.
EFFECT OF HEADINGS. The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
NOTICES. All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally or via email on the party to whom notice is to be given, or on the day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed. Any party may change its email or mailing address for purposes of this paragraph by giving the other parties written notice of the new email or mailing address in the manner set forth above.
ENTIRE AGREEMENT. This Agreement supersedes all prior or other agreements, whether written or oral, among the parties and constitutes a complete and exclusive statement of the terms of the agreement among the parties matter.
JURISDICTION. This Agreement will be governed and construed, to the extent applicable, in accordance with Florida law without regard to its conflict-of-law principles, and otherwise, in accordance with United States law. The parties hereto consent to exclusive jurisdiction and venue in the courts of the State of Florida, USA. The Client further agrees not to disturb such choice of forum, and if not resident in such state, waive the personal service of any and all process upon them, and consent that such service of process may be made by certified or registered mail, return receipt requested, addressed to the parties as set forth herein. Parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to the Terms of Service by mediation. We further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES. If any legal action or any arbitration or other proceeding is brought for the enforcement of the Terms of Service, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of the Terms of Service, the prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
WAIVER. Failure of either party to insist on strict compliance with any of the terms, covenants, and conditions of this agreement shall not be deemed a waiver of such terms, covenants, and conditions, or of any similar right or power hereunder at any subsequent time.
SEVERABILITY. If any term, provision, covenant, or condition of the Terms of Service is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
CHANGED TERMS. Company may at any time amend these Terms and Conditions. Such amendments are effective immediately upon written notice to Client or by Company posting the new Terms and Conditions on the Site. Any use or continued use of the Site or Service by you after being notified means you accept these changes and/or amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
NO ASSIGNMENT. Client shall not assign, transfer or convey this Agreement or its rights orobligations hereunder to any other entity, affiliate, subsidiary, organization or individual without Company’s prior written consent. Nothing expressed or referred to in this Agreement will be construed to give anyone other than the Client and/or the Company any legal or equitable right, remedy or claim under this Agreement.
Questions about these Terms and Conditions? Email us info [at] beautybrandr [dot] com.
Updated: April 2024