This Agreement is made effective at time of purchase, by and between Nikki Vergakes (Nikki Vergakes Brands, Inc.) and The Client. In this Agreement, the party who is contracting to receive services shall be referred to as the "Client," and the party who will be providing the services shall be referred to as the "Consultant." Therefore, the parties agree:
- The Program: Beginning the date of purchase or when the next cohort begins, the consultant will deliver: one podcast episode, access to the Subconscious Success Vault, 4 calls per month, and access to the Discord server. If the client chooses the VIP package, they will also receive two 60-minute coaching calls per month.
- Program Fee and Payment Schedule:
- Program fee - The fee for the program is $66 for each month of the membership, and $220 per month for VIP. If there is a promotional period, the fees are $44 for 3 months, or $150 for 3 months paid via either Paypal or Stripe via Kajabi.
- b. Term timelines: The first 3 months are mandatory, clients can renew on a month-to-month basis following the first 3 months.
- c. Cancellations - To cancel their monthly subscription, clients must email [email protected] two weeks before their next payment to disenroll.
- Relationship of Parties: It is understood by both parties that the Consultant is an independent contractor and is not an employee of the Client. The Client will not provide benefits, including health insurance, paid vacation or any other employee benefit to the
Consultant. The Consultant is also responsible for all taxes and other payment associated with this text.
- Intellectual Property
All intellectual property rights in and to the Program, the Program Content, and all materials distributed at or in connection with the Program are owned by the Consultant or the Program partners presenting during the course of the Program. Client will not use or reproduce or allow anyone to use or reproduce such content or materials displayed at, distributed at, or provided in connection with the Program for any reason without the prior written permission of the Consultant.
- Disclaimer of Warranties
The Owner gives no warranties with respect to any aspect of the Program or any materials related thereto or offered in connection with the Program and, to the fullest extent possible under the laws governing this Agreement, disclaims all implied warranties, including but not limited to warranties of fitness for a particular purpose, accuracy, timeliness, and merchantability. Participant accepts and agrees that he/she is fully responsible for his/her progress and results and that Owner offers no representations, warranties or guarantees verbally or in writing regarding Participant’s future earnings, business profit, marketing performance, customer growth, or results of any kind. The Owner does not guarantee that Participant will achieve any results using any of the ideas, tools, strategies or recommendations presented at the Program, and nothing at the Program is a promise or guarantee to Participant of such results.
- Entire Agreement; Waiver: This Agreement constitutes the entire agreement between both parties. There are no other valid guarantees or conditions in any other agreement, verbal or written. This Agreement supersedes any prior written or verbal agreement between the parties.
- Amendment: This Agreement may be amended if the changes are made in writing and a signature is provided by both parties. All amendments shall be deemed current when either delivered in person or forwarded to the Clients current email address.
- Severability: If any section of this Agreement is deemed invalid for any reason, the remaining sections shall continue to be valid and enforceable. Any invalid sections will be changed to the minimum extent necessary to make them enforceable unless that change is not permitted by law, in which case that section will be disregarded.
If any section of the Agreement is changed or disregarded because it is deemed unenforceable, the rest of the Agreement will remain binding and enforceable.
- Waiver of Contractual Right: The failure of either party to enforce any section of this Agreement shall not be construed as a waiver or limitation of that parties right to subsequently enforce and compel strict compliance with every section.
- Non-Disclosure: You will hold in confidence and not possess or use (except to evaluate within the proposed business relationship) or disclose any Proprietary Information except information you can document (a) is in the public domain through no fault of your own, (b) was properly known to you prior to disclosure by the Company and you will not reverse engineer or attempt to derive the composition or underlying information, structure or ideas of any Proprietary Information. The foregoing does not grant you a license in or to any of the Proprietary Information. The Client recognizes that the Consultant has and will have the following proprietary information: products, prices, future plans, client database, and personal information. Other information which is valuable, special or a unique asset of the Client. The Consultant agrees not to, at any time or in any manner, either directly or indirectly, use any Information for Consultant's own benefit, or divulge, disclose, or communicate any information to any third party without the prior written consent of the Client. The Consultant will protect the Information and treat it as strictly confidential.
- Diversity & Inclusion Policy: Cultivating a Diverse Community, Including all Identities. At Cultivated Content, we have one core belief that is the foundation of everything we do: you should feel confident, and make more money, by being your true self. We aim to create the lowest barrier to entry for business possible. We firmly believe, and center our community around the idea that every entrepreneur deserves to build an abundant business that they love, while being their true self. We facilitate this through a collaborative and inclusive environment where all voices are heard and respected equally. By ensuring we have a diverse team, community and client roster, we champion this idea to be reflected in greater society as well.
- Hypnotherapy Disclosure: Services to be provided do not include the practice of medicine. The Hypnotherapist is a trained Psychotherapist, not a medical doctor. At no time will the hypnotherapist attempt to provide medical treatment. The client affirms that hypnotherapy is appropriate for them and does not conflict with existing medical or psychiatric treatment. Always follow the advice of your doctor or other professional medical practitioner.