Empower Your Path – Online Consulting | Contract

Contract: Between you the “Customer” & The Alycia Anderson Company, LLC the “Company”
Date: This contract goes into affect the date of purchasing a time slot for consulting.
Role: Consulting
Type: Virtual/Online

COMPANY’S PACKAGE & FEES. Option – (Amount of Time / Fee):

• Empower Your Path – A Healthy Consultation – ( 30 minutes / $175 )
• Empower Your Path – Deep Dive Consultation – ( 60 minutes / $350 )

Customer Obligations:

COMPENSATION. “CUSTOMER” agrees to total fees outlined in the “COMPANY’S PACKAGE & FEES” stated above and agrees to compensate the “COMPANY” for the amount of the option chosen due immediately upon scheduling the date and time of the consult.  This fee shall be a non-refundable payment, except as otherwise set forth herein. The payment shall be received by the “COMPANY”, in fully collected USD federal funds.

TERMINATION. “CUSTOMER” may cancel the above stated Virtual/Online consultation any time prior to each event date. If “CUSTOMER” cancels prior to the event date they forfeit the agreed compensation given to the “COMPANY” for the time slot booked.

AUDIO/VIDEOTAPING; PROMOTION OF “COMPANY’s” MATERIALS DURING EVENT. “CUSTOMER” will not be allowed to license, sell, or offer downloadable access to any
portion of the “COMPANY’s” virtual/online consultation. Any usage of videos/material will need to be approved by the “COMPANY.” All right, title and interest in and to such audiotapes, videotapes or other recordings and copies or derivative works thereof (collectively, “Recordings”) shall belong solely and exclusively to the “COMPANY.” In the event that the “CUSTOMER” makes a professional photography/ video recording of the”COMPANY’s” consultation, then the “CUSTOMER” will provide the “COMPANY” with a copy of such
photos/recording free of charge. Use of any images or snippets, must be pre approved by the “COMPANY,” from any Recordings for promotional purposes relating to consultation events. The “CUSTOMER” is only allowed to use promotional materials approved by or provided by the “COMPANY.” External use of any content or services by the “COMPANY” is prohibited unless pre approved by the “CUSTOMER.”

THE ALYCIA ANDERSON COMPANY, LLC CONFIDENTIAL INFORMATION. Customer shall treat, whether oral or written and regardless of its form, all information concerning the terms of this Agreement, information that “COMPANY” indicates to “CUSTOMER” is confidential and information provided to “CUSTOMERR” in connection with :COMPANY’s” performance of the consultation services, as confidential and such information shall not be disclosed to or used for the benefit of any third party without the “COMPANY’s” prior express written permission. The obligations under this paragraph shall survive for a period of two (2) years after the termination or expiration of this Agreement. 

(a) You shall not, during the term of this Agreement or thereafter, disclose or use the “COMPANY’s” Confidential Information (as defined below) except as expressly permitted in this Agreement or in writing by the “COMPANY”. The “COMPANY’s” “Confidential Information” shall include the terms of this Agreement and any and all information, data and materials concerning (i) The Alycia Anderson Company, LLC or any of its affiliates, (ii)The Alycia Anderson Company, LLC or any of its affiliates’ current, future or proposed products, including but not limited to specifications, drawings, notebook entries, technical notes and graphs, computer printouts, technical memoranda, video and correspondence, product development agreements and related agreements or (iii) The Alycia Anderson Company, LLC or any of its affiliates’ business strategies, marketing, purchasing or accounting including, but not limited to, marketing plans, sales data, unpublished promotional material, cost and pricing information and customer lists to the extent any of the foregoing is (A) disclosed to You (whether by The Alycia Anderson Company, LLC or anyone on site at The Alycia Anderson Company, LLC premises or otherwise), whether in writing, orally, visually or by Your observation (including while on the premises of The Alycia Anderson Company, LLC or the location of the Services), in connection with performance of the Services, or (B) developed by You using other Confidential Information, except any portion of the foregoing which (I) is known to You prior to any discussions relating to the Services or (II) is or becomes part of the public domain other than through breach of this Agreement by You., 

(b) Within five (5) days of the earlier of (i) completion of the Services and (ii) termination or expiration of this Agreement, You shall return to The Alycia Anderson Company, LLC all Confidential Information in Your possession or under your control (including, for the avoidance of doubt, all Confidential Information in electronic format). 

(c) Nothing in this Agreement shall be construed to restrict You from disclosing Confidential Information as required by law or court order or other governmental order, provided that You shall use reasonable efforts to timely inform The Alycia Anderson Company, LLC of any anticipated disclosure promptly after you become aware of any request to disclose but in any event prior to making such disclosure so that The Alycia Anderson Company, LLC may seek a protective order or equivalent court order. 

MATERIALS. All right or interest hereby are assigned to The Alycia Anderson Company, LLC included but limited to, title and interest to and in all materials, work product, data, reports, video, intellectual property, PDF’s worksheets, communications, deliverables, recommendations, questionnaires, communications, information, innovations, inventions, discoveries and Confidential Information (collectively, the “Materials”) which You receive, review, suggest, generate, conceive of or otherwise develop solely or jointly with others in connection with performance of the Services or otherwise using The Alycia Anderson Company, LLC Confidential Information. At The Alycia Anderson Company, LLC request and expense, You will execute, or cause to have executed, such documents and take such other actions, as The Alycia Anderson Company, LLC deems necessary or appropriate, to obtain, record or enforce patents, copyrights or assignments thereof in The Alycia Anderson Company, LLC name covering the foregoing Materials. You agree not to use any Materials for any purpose other than providing the Service. You agree not to disclose, present, or publish any Materials to any third party without You agree not to disclose, present, or publish any Materials externally, to any third party without The Alycia Anderson Company, LLC prior written approval.

INDEPENDENT CONTRACTOR. The “COMPANY” is performing the Services as an independent contractor and not as an employee of Customer . As an independent contractor, “COMPANY” shall be responsible for all income and employment taxes related to the payment of compensation to “COMPANY” under this Agreement.

LIMITATION OF LIABILITY. (a) IN NO EVENT, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL LICENSOR OR ITS LICENSORS, PARTNERS, OR SUPPLIERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTIES UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES,
COSTS, LOSSES OR EXPENSE, (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OR INTERRUPTION OF USE, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DAMAGE TO NETWORKS, EQUIPMENT, OR HARDWARE, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR TECHNOLOGY). (b) CONSULTING SERVICES. If applicable, accessibility consulting provides a general overview of the considerations for the remedial measures. This is not a substitution for consulting or retaining the appropriate expert for the design and construction pertaining to the areas of noncompliance. All recommendations require preliminary studies and where applicable the appropriate architectural drawings. No prior research has been done to determine if recommendations conflict with fire codes or local planning codes or ADA-2010 Standards. The Alycia Anderson Company strongly recommends that prior to any remedial measures being performed that any planned course of action be verified with the local authority having jurisdiction and ADA compliance.

RELEASE. Customer understands that participation in the Services is taken at Customer’s own risk, and hereby releases The Alycia Anderson Company and its affiliates and subsidiaries, and each of their respective present and former employees, agents, directors, officers and shareholders and their successors and assigns, whether as individuals or in their official capacity, and the respective heirs and personal representatives of any of them, from any and all actions, suits, claims and demands that “COMPANY” or its heirs, executors, agents, administrators or assigns have or may have, whether known or unknown, arising out of “COMPANY’s” performance of the Services, as well as the taking and using of the Recordings, as described herein. Customer agrees that this Section and Section 7 above (a) shall be binding upon Provider and its heirs, legal representatives, and assign, (b) cannot be changed orally, and (c) subject to applicable Laws, is irrevocable and cannot be withdrawn after this Agreement is signed.

INDEMNIFICATION. Customer shall, at its sole expense, indemnify, defend and hold harmless The Alycia Anderson Company, LLC, its affiliates and their respective employees, directors, officers, successors, and assigns from and against any and all third-party claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from: (a) negligence or willful misconduct of, or claims brought by, Customer. Personnel; (b) any claim that any Service(s), or the use thereof by Customer , infringes, misappropriates or otherwise violates or constitutes unlawful use or disclosure of any Intellectual Property Rights or any privacy, publicity, proprietary or contract rights of a third party; (c) death or bodily injury or damage to property attributable to “COMPANY” or “COMPANY” Personnel; or (d) “COMPANY’s” failure to comply with any applicable Laws.

INTEGRATION; MODIFICATION. This Agreement, constitutes the entire agreement of the parties hereto with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions, and communications, whether oral or in writing. This Agreement may be modified only in writing and shall be enforceable in accordance with its terms when signed by each of the parties hereto.

COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. Signatures of parties on copies transmitted by facsimile or electronic signature shall be considered as signed original documents.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by THE PURCHASE OF SERVICE ONLINE on the Effective Date chosen for this service.