Terms & Conditions
1. With this MASTER BUSINESSWOMAN ACCELERATOR Services Agreement (this “Agreement”) executed as of the date of signing (“Execution Date”), The Destiny Lab LLC (“We or TDL”) will provide business coaching services and resources to the aforementioned student (“You, Your, or Student”) as detailed below.
This Agreement comprises the entire agreement between the Parties, and supersedes all prior or contemporaneous understanding, agreements, negotiations, etc., both written and oral. In consideration of the terms and conditions contained in this Agreement and other good and valuable consideration, TDL and STUDENT agree as follows:
2. Services. The Master Businesswoman Accelerator is an interactive virtual platform created to support women in business, including entrepreneurs, business owners, and executive leaders, by providing a masterclass environment that provides resources to launch, grow and expand their business and business skills. Students will receive:
Weekly 120-minute webinars with exclusive educational content from our coaches
Weekly office hours with specialty coaches in legal, finance, marketing, and sales
Portal access to content and templates for your business
(hereinafter, the “Services”)
3. Service Period. The Services shall commence on January 11, 2022 (“Start Date”) and will be deemed fully performed by TDL and this Agreement shall be terminated on April 5, 2023, or 12-weeks (“End Date”), notwithstanding Sections 7, 8, 9.
4. Guarantees. TDL cares about taking you to the next level in your career. There is a 30-day money-back guarantee. If you are not satisfied with this program at all, be assured that your money will be returned to you. To receive a full refund, Student must provide written notice to Company no later than 30-days from the Start Date.
4. Student’s Obligations. Below are the “mutual responsibilities” to which we agree to adhere:
BE PREPARED for your meetings by completing “assignments.”
SUBMIT timely, accurate and complete information to us when requested.
ADHERE to deadlines we specify. Except for illness and other events beyond your control, we expect you to complete things on time.
ASSIST you with defining and prioritizing your objectives.
PROVIDE timely interactions, current information, and quality professional services.
BE ACCESSIBLE to you throughout the duration of your agreement.
RESPOND to your telephone calls, text, and e-mails promptly.
ENSURE the privacy of your confidential information.
5. Total Costs of Services. In consideration of the provision of the Services under this Agreement by TDL and the rights granted to Student, Student shall pay $1,999.00. Payment options may be available.
In the event Student elects a payment option and the payments are not received by TDL when due, TDL may charge interest on any such unpaid amounts at a rate of 1% per month or, if lower, the maximum amount permitted under applicable law, from the date such payment was due until the date paid; and suspend performance for all Services until payment has been made in full.
6. Cancellation. You may cancel this Agreement by providing written notice to TDL and we may cancel this Agreement by providing written notice to you. For a full refund, you must provide written notice of your intent to cancel this Agreement to TDL via email at firstname.lastname@example.org, no later than three (3) business days of the Execution Date.
If you provide us with such notice more than three (3) business days of the Execution date, notwithstanding Section 4. Guarantees, we have the right to retain the amounts received as liquidated damages, as well as collect any additional amounts for services rendered up to the date, we received notice of cancellation.
7. Case Study. Student agrees that TDL may devise a case-study focusing on the mutual success of the Services and deliverables under this Agreement. The case study will be used for the purpose of TDL marketing its products and services, and other good-faith business purposes. Unless Student gives prior written consent, TDL agrees not to disclose Student’s confidential information, including trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to pricing and marketing. Confidential information does not include information that is in the public domain, known to TDL at the time of disclosure, or rightfully obtained by TDL on a non-confidential basis from a third party.
8. Intellectual Property.
All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, "Intellectual Property Rights") in and to all documents, work product, and other materials that are delivered to Student under this Agreement or prepared by or on behalf of TDL in the course of performing the Services (collectively, the "Deliverables"), except for any Confidential Information of Student or student materials, shall be owned by TDL. TDL hereby grants Student a limited to use all Intellectual Property Rights free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sublicensable, fully paid-up, royalty-free, and perpetual basis to the extent necessary to enable Student to make reasonable use of the Deliverables and the Services.
9. Confidential Information.
During this accelerator, students and TDL will be sharing confidential business ideas and information with each other. All non-public, confidential or proprietary information of TDL and students, including, but not limited to, trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to TDL and students, pricing, and marketing (collectively, "Confidential Information"), disclosed by TDL to Student, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as "confidential," in connection with the provision of the Services and this Agreement is confidential, and shall not be disclosed or copied by Student without the prior written consent of TDL. Student agrees to use the Confidential Information only to make use of the Services.
10. Representation and Warranty.
TDL represents and warrants to Student that it shall perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement.
11. Disclaimer of Warranties.
EXCEPT FOR THE WARRANTY SET FORTH IN ABOVE, TDL MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
IN NO EVENT SHALL TDL BE LIABLE TO CLIENT OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT TDL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL TDL'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED TWO TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE TO TDL PURSUANT TO THIS AGREEMENT.
12. Termination: In which event this Agreement shall be terminated and be of no further force or effect, both parties shall be released from further liability or responsibility hereunder other than with respect to the Cancellation provision. Furthermore, TDL may terminate this Agreement with immediate effect upon written notice to Student, if Student creates a hostile work environment, bulling, sexist, racist, or otherwise makes it untenable for TDL to conduct quality output. If terminated under this section, TDL is not required to issue a refund to Student.
13. Force Majeure: A party is not liable for any failure of or delay in the performance of this Agreement for the period that such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, government order, pandemics or epidemics, or any other force-majeure event. The party experiencing the force-majeure event must give prompt written notice of the event and take all steps reasonably necessary to mitigate the effects of the force-majeure event.
14. Miscellaneous: This Agreement shall be entered into under and is governed by California law. Neither party may modify this Agreement without the written consent of the other party. If either party breaches this Agreement, the breaching party must pay the other party’s reasonable attorney fees and court costs. The headings in this Agreement are for convenience only and will not be used to modify, limit, or extend any provision. Furthermore, this Agreement is separable. If a court declares any provision of this Agreement void or invalid, all other provisions of this Agreement remain binding. This Agreement is the final and complete understanding of the parties. Any promise or condition not contained in this Agreement is not binding on the parties.