THE BREAKTHROUGH GROUP PROGRAM TERMS OF SERVICE

1 - Thank you for purchasing THE BREAKTHROUGH GROUP PROGRAM (“Product”). All sales are final for this Product. By clicking “Buy Now” (or any other phrase on the purchase button), entering your payment information, or otherwise completing the Product check-out, you ("Customer") are executing a legally binding agreement. Through rendering initial payment, Customer understands that they will be charged the full amount of either the payment plan or pay-in-full price, whatever Customer selects upon checkout. Customer agrees to the following terms and conditions of this Agreement (“Agreement”) in their entirety:
INTRODUCTION
2 - NICOLE NIXON (“Company”) is a company that provides strategy, design and business support for hairstylists and other creatives.. Company has created the [THE BREAKTHROUGH GROUP PROGRAM] ("Product") to educate customers on how to build a successful brand as a hairstylist. The Product is a 6-week program including live group sessions, a private Slack channel, and templated workbook activities to guide students through the process.
TERM
3 - This Term of this Agreement shall be 6 weeks from September 25, 2023 (“Start Date”) to October 30, 2023 (“End Date”) , with the exception of Sections 8, 9, and 10 which shall survive the Term of this Agreement.


DISCLAIMERS

4 - For the purposes of this Agreement, the Company is not an employee, social media manager, consultant, psychiatrist, psychologist, therapist, public relations manager, personal brand advisor, one-on-one coach, counselor, business operations manager, financial analyst, business executive, or other agent of Customer’s business.
5 - Client understands that the Product has been designed by Company for general educational and informational purposes only, with the goal of teaching Customer new skills in branding and providing Customer with awareness of traditional branding practices. Through the Product, the Company might provide guidance regarding branding decisions, but it is ultimately the responsibility of the Customer (and only the Customer) to make the final decision for his/herself. By using Company’s services and purchasing this Product, Client accepts any and all risks, foreseeable or unforeseeable, arising from such transaction. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Program. Client agrees that use of this Product is at user’s own risk.
6 - This Product does not include: 1) procuring business or potential clients for Customer; 2) performing any business management services for Customer, such as marketing, operations, research, or development; 3) publicity, public relations and/or social media marketing services; 4) custom brand strategy or design services 5) custom website design or development services 6) legal or financial advice; 7) introduction to Company’s professional network and business relationships. 
Customer hereby acknowledges that Customer is solely responsible for the amount of income and/or type of results that Customer generates by implementing techniques and advice provided by Product. Customer also acknowledges that the Company cannot and does not guarantee that implementation of the Course will provide Customer with a lucrative business. Customer also agrees that he/she is solely responsible for any personal decision that Customer makes during or as a result of Customer’s use of the Product, and indemnifies Company from any liability regarding said decision. 

4. PROGRAM SPECIFICS

7 - The Product includes six modules which will be presented live, recorded replays of all live modules, presentation slides, workbooks, and/or other resources. The Product also includes access to a private Slack channel for the sole purposes of asking questions and receiving feedback.
Company reserves the right to substitute services equal to or comparable to the value of Product if reasonably required by the prevailing circumstances as determined exclusively by Company.




5. CLIENT’S RESPONSIBILITIES

8 - The Product has been developed for educational purposes only. The Company has established its proprietary Product in order to educate and inspire Customer to pursue his/her personal branding goals. However, Customer hereby acknowledges that Company does not guarantee Customer’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Product. Customer accepts and agrees that Customer is 100% responsible for his/her results from the Product. Customer acknowledges that, as with any investment, there is an inherent risk associated. As such, Customer agrees there is no guarantee that Customer will attain his/her goals by simply completing the Program.
Nevertheless, Customer acknowledges that he/she can optimize her potential results from the Product by adhering to the following:
Completion of all Product material, including assignments and worksheets;
Thoughtful and meaningful participation in all Question & Answer sessions;
Utilization of the Product’s private Slack channel;
Attending each live session at the scheduled date, on time;
Taking 100% responsibility for Customer’s results, 100% of the time.
6. PAYMENT & FEES

9 - Client has the choice to select either the standard program or VIP program and three payment options to purchase either option, all of which are presented at checkout and outlined below:

STANDARD PROGRAM
SIX LIVE GROUP SESSIONS
ACCESS TO A PRIVATE GROUP SLACK CHANNEL
TEMPLATES & WORKSHEETS
DISCOUNT CODE FOR MY WEBSITE TEMPLATES


PAYMENT OPTIONS:
A) a one-time fee, due in-full before Customer may access the Product;
B) a two-month payment plan.
C) a three-month payment plan.


VIP PROGRAM
SIX LIVE GROUP SESSIONS
ACCESS TO A PRIVATE GROUP SLACK CHANNEL
TEMPLATES & WORKSHEETS
DISCOUNT CODE FOR MY WEBSITE TEMPLATES


PAYMENT OPTIONS:
A) a one-time fee, due in-full before Customer may access the Product;
B) a two-month payment plan.
C) a three-month payment plan.


Upon executing this Agreement, Customer agrees to pay the Company the full purchase amount for the Product, regardless of what payment option Customer selects at checkout.
A partial payment of one installment of the payment plan shall be treated as a commitment to pay the entire fee for the Program. By submitting a partial payment, Client understands that he/she is contractually bound to make all payments in the timeline outlined at checkout, which shall be billed to Customer automatically. Failure to make all payments due under the payment plan shall result in Customer’s breach of this contract and in Customer’s termination of access to the Product.
If any payments fail, Client agrees to remedy the situation immediately (ie. update Client’s payment information, provide a new credit card, and/or make all past-due payments within 5 business days) or else Client forfeits his/her right to access the Product. (e) The Client shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, Company reserves the right to report the incident to credit reporting agencies as a delinquent account.

Client hereby agrees to pay in accordance with one of the following plans:
A. STANDARD PROGRAM, ONE-TIME FEE:
One (1) payment of twelve hundred and ninety seven US Dollars ($1297.00 USD), which is due immediately upon signing and execution of this Agreement. The Product shall not be distributed for Customer’s access until and unless full payment is rendered; or
B. STANDARD PROGRAM, PAYMENT PLAN ONE:
Two (2) payments of six hundred and seventy five US Dollars ($675.00 USD) totaling thirteen hundred and fifty US Dollars ($1350.00 USD), which shall be paid in accordance with the schedule below in order to avoid late fees;
The first payment of $675.00 is due immediately upon signing and executing this Agreement;
The second and final payment of $675.00 is due thirty (30) days after initial payment and start date of this Agreement, which shall be billed automatically to Customer;
Client authorizes Company to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Client selected at checkout, and Client does not require separate authorization for each payment.
Late Fees – Company understands that, from time to time, there are issues with payment. All payments must be received by Company within ten (10) days of the due date for that installment. Any payments not received within 10 days of their due date shall be subject to a late fee of $100.00 USD. Any payments not received within 15 days of their due date will result in Customer’s breach of this Agreement and may result in termination of Customer’s access to the Product.
C. STANDARD PROGRAM, PAYMENT PLAN TWO:
Three (3) payments of four hundred and seventy five US Dollars ($475.00 USD) totaling fourteen hundred and twenty five US Dollars ($1425.00 USD), which shall be paid in accordance with the schedule below in order to avoid late fees;
The first payment of $475.00 is due immediately upon signing and executing this Agreement;
The second payment of $475.00 is due within thirty (30) days of the Start Date of this Agreement, which shall be billed automatically to Customer;
The final payment of $475.00 is due within sixty (60) days of the Start Date of this Agreement, which shall be billed automatically to Customer;
Client authorizes Company to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Client selected at checkout, and Client does not require separate authorization for each payment.
Late Fees – Company understands that, from time to time, there are issues with payment. All payments must be received by Company within ten (10) days of the due date for that installment. Any payments not received within 10 days of their due date shall be subject to a late fee of $100.00 USD. Any payments not received within 15 days of their due date will result in Customer’s breach of this Agreement and may result in termination of Customer’s access to the Product.
A. VIP PROGRAM, ONE-TIME FEE:
One (1) payment of nineteen hundred and ninety seven US Dollars ($1997.00 USD), which is due immediately upon signing and execution of this Agreement. The Product shall not be distributed for Customer’s access until and unless full payment is rendered; or
B. VIP PROGRAM, PAYMENT PLAN ONE:
Two (2) payments of one thousand and twenty five US Dollars ($1025.00 USD) totaling two thousand and fifty US Dollars ($2050.00 USD), which shall be paid in accordance with the schedule below in order to avoid late fees;
The first payment of $1025.00 is due immediately upon signing and executing this Agreement;
The second and final payment of $1025.00 is due within thirty (30) days after initial payment and Start Date of this Agreement, which shall be billed automatically to Customer;
Client authorizes Company to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Client selected at checkout, and Client does not require separate authorization for each payment.
Late Fees – Company understands that, from time to time, there are issues with payment. All payments must be received by Company within ten (10) days of the due date for that installment. Any payments not received within 10 days of their due date shall be subject to a late fee of $100.00 USD. Any payments not received within 15 days of their due date will result in Customer’s breach of this Agreement and may result in termination of Customer’s access to the Product.
B. VIP PROGRAM, PAYMENT PLAN TWO:
Three (3) payments of seven hundred and sixteen US Dollars ($716.00 USD) totaling two thousand one hundred and fifty US Dollars ($2150.00 USD), which shall be paid in accordance with the schedule below in order to avoid late fees;
The first payment of $716.00 is due immediately upon signing and executing this Agreement;
The second payment of $716.00 is due within thirty (30) days after initial payment and Start Date of this Agreement, which shall be billed automatically to Customer;
The final payment of $716.00 is due within sixty (60) days after initial payment and Start Date of this Agreement, which shall be billed automatically to Customer;
Client authorizes Company to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Client selected at checkout, and Client does not require separate authorization for each payment.
Late Fees – Company understands that, from time to time, there are issues with payment. All payments must be received by Company within ten (10) days of the due date for that installment. Any payments not received within 10 days of their due date shall be subject to a late fee of $100.00 USD. Any payments not received within 15 days of their due date will result in Customer’s breach of this Agreement and may result in termination of Customer’s access to the Product.

7. REFUND POLICY

10 - All sales are final for this course. Due to the inherent nature of educational programs and the electronic transmission of same, there are no refunds.

8. NON-DISCLOSURE & CONFIDENTIALITY

11 - Confidential Information & Non-Disclosure - Company takes pride in its proprietary information included in each Product. As such, Customer agrees and acknowledges all Confidential Information shared through this Product and by the Coach is confidential, proprietary, and belongs exclusively to the Company.
“Confidential Information” includes, but is not limited to:
Any systems, sequences, processes or steps shared with Customer;
Any information disclosed in association with this Agreement;
Any systems, sequences, processes, or trade secrets in connection with the Product or Company’s business practices.
12 - Testimonials - Company also agrees to protect Customer’s personally identifiable information. However, from time to time, Company may use general statements about Customer’s success for testimonials as part of Company’s marketing strategy. By agreeing to these Terms, Customer agrees to Company sharing Customer’s success stories as testimonials in any matter across any media at the sole discretion of Company.


9. INTELLECTUAL PROPERTY & LIMITED LICENSE

13 - Intellectual Property - This Product and the related content shall be considered intellectual property owned by Company. Other examples of intellectual property owned by Company and within Company’s products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”).
14 - Limited License - Company grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Client, nor grant any right or license other than those stated in this Agreement. Customer acknowledges that his/her purchase of this Product is for his/her/its single individual use. Customer shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise.
If Customer is also a business owner or professional in a similar industry, Customer shall not misappropriate any of Company’s Intellectual Property and proprietary information in the following manner:
Teaching Customer’s clients/customers/audience any of the information, methods, solutions, or formulae owned by Company and passing it off as Customer’s own;
Copying any of Company’s Product content and/or material for Customer’s commercial use;
Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent.
10. INDEMNIFICATION / LIMITATION OF LIABILITY

15 - Customer hereby acknowledges that Company is not liable for any injuries that may arise from Customer’s actions, omissions, or decisions based off Customer’s participation in The Breakthrough group program, including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Client’s business decisions, any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless Company of any claims that may arise after use of this Product.
11- Access to this Program is currently through third-party platforms, including Zoom, Slack, Canva and ThriveCart. Company is not liable for any limitation of access to the Product caused by Zoom, Slack, Canva and ThriveCart.

11. MISCELLANEOUS
Amendments - We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.
Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us.
Governing Law - Company is located in the United States and is subject to the applicable laws governing the United States. The governing law for this agreement is the laws of California. [INSERT STATE / JURISDICTION]
Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration.
Execution – Customer agrees to accept the above Agreement in its entirety when Customer selects and confirms “I agree to the Terms & Conditions” at the Product checkout page and by rendering first payment. [[ << make sure this matches your actual checkout procedure ]]