These terms and conditions for services (these “Terms”) govern the provision of services by Body Beautiful, LLC (the “Company”) to you in connection with the Company’s virtual styling ‘Your Million Dollar Look’ program (the “MDL Program”). By signing up for, accessing, or otherwise participating in the MDL Program, you agree to accept and be bound by these Terms.
The MDL Program consists of seven lesson modules and eight live coaching sessions delivered virtually (each, a “Session”), which are expected to occur in 2021 on July 28, August 18, September 8, September 29, October 20, November 10, December 1, and December 15, in each case beginning at 1pm PT. If the time or date of any Session changes, the Company will notify you at least five days in advance other than in the case of an emergency.
The Company will provide you with access to certain proprietary content, videos, data, guidebooks, and other materials and information in connection with the MDL Program (collectively, the “Content”). The Content and all intellectual property rights to the Content are confidential and proprietary information of and owned by the Company. The Company grants you a limited, non-transferable, non-exclusive license to download and use the Content for the limited purpose of participating in the MDL Program. Other than as set forth in this Agreement, you agree to hold in confidence and not disclose, copy, sublicense, publish, reproduce, transmit, or otherwise distribute (“Disclose”) in any way any of the Content, without the prior written consent of the Company.
During the MDL Program, you may be asked to submit photos, images, or other content (“Your Content”) to the Company or, if you are selected for the Celebrity Status Bonus Program (defined below), to your Virtual Styling Apprentice (defined below). You represent and warrant that you own or have the right to submit all of Your Content that you submit to the Company, your Virtual Styling Apprentice or any other person.
The fee for the MDL Program (the “Fee”) is $762, which may be paid in equal monthly installments of $127, with the first installment due on the date of the first Session. If you pay the Fee in full prior to the start of the first Session, the Fee shall be reduced to $697. If you sign up for automatic payments and the monthly automatic payments fail/stop at any point, you will receive a notice email from the Company or its Payment Processor (defined below). If the payment method is not updated and successfully processed within 5 business days of such notice, you will no longer have access to the MDL Program or any Content.
The Company may employ the use of third-party services to process payments in connection with the Fee or other payments (“Payment Processors”), such as ErinMathis.com, Stripe, and PayPal. You acknowledge and agree that: (a) you have the legal right to use any credit card(s) or other payment method(s) in connection with the payment of the Fee or any other payment in connection with the MDL Program; (b) any information that you supply to the Company or any such Payment Processor is true, correct and complete; and (c) by submitting such information, you grant the Company the right to use and provide the information to these Payment Processors.
If for any reason you are not completely satisfied with the MDL Program within the first 30 days of enrollment, you may send a cancellation request via email to firstname.lastname@example.org. Any cancellation request received within the first 30 days of enrollment in the MDL Program will be honored, and you will receive a full refund. Upon receipt of your cancellation request, any and all of your rights to the MDL Program and any Content shall immediately cease.
Celebrity Status Bonus Program
The first 12 enrollees in the MDL Program will be given the opportunity to work with a dedicated personal stylist (the “Virtual Styling Apprentice”) at no extra cost as part of a VIP bonus offer (the “Celebrity Status Bonus Program”). The Virtual Styling Apprentice is an experienced personal stylist participating in the MDL Program who has completed the Company’s Going Virtual training course and has expressed a desire and willingness to provide personal styling consultation to participants in the MDL Program. If you are one of the first 12 enrollees and opt to participate in the Celebrity Status Bonus Program, you will have the opportunity to collaborate with your dedicated Virtual Styling Apprentice who will help guide you through each of the steps and exercises in the MDL Program.
The Company will notify you via email if you are eligible to participate in the Celebrity Status Bonus Program. If you wish to participate, you must notify the Company of your acceptance within 24 hours after receipt of the offer, via email response. Otherwise, the offer will be automatically terminated in order to extend the opportunity to another participant. If you accept the offer to be part of the Celebrity Status Bonus Program, you acknowledge and agree to the following:
- The Company will pair you with an individual Virtual Styling Apprentice at its discretion.
- The Virtual Styling Apprentice is not an agent or representative of the Company, and the Company is not responsible for any acts or omissions of the Virtual Styling Apprentice.
- You will work with your assigned Virtual Styling Apprentice to communicate and send the photos or images your Virtual Styling Apprentice needs to guide you through each exercise in advance of the live coaching sessions throughout the MDL Program.
- To the best of your ability, you will attend the live coaching Sessions so you can interact with your Virtual Styling Apprentice and lead coaches Erin Mathis and Carla Mathis as they provide guidance and refinements.
- You will complete a brief feedback survey about the MDL Program and your Virtual Styling Apprentice upon completion of each of the 7 steps of the MDL Program.
- You agree that the Company may share Your Content and course exercises with the other participants in the MDL Program as part of the live / recorded group coaching sessions. You will have the opportunity to work with your Virtual Styling Apprentice prior to submission of any exercises.
- At the conclusion of the MDL Program, you will complete and submit a written review about your experience in the MDL Program and with your Virtual Styling Apprentice.
- You agree that the Company may use and authorize the use of your name, likeness and biographical information or otherwise Disclose Your Content in promotional materials, websites and the like. You grant to the Company all rights to photograph, record, modify, and Disclose your image, likeness and voice and any other of Your Content in any medium for promotional and commercial use, without further consent from or royalty, payment, or other compensation to any person.
If you fail to comply with any provisions of these Terms, the Company may suspend or terminate your access to the Content or notify you that you are no longer permitted to use any Content. Upon such notification, you must cease and desist using any Content and destroy all Content obtained and all copies thereof, whether made under these Terms or otherwise. The Company may take such further action as it determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and the Company shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from the Company’s exercise of its rights under these Terms.
Links to Third-Party Websites
The Content may contain links to websites operated by third parties that are not under the control of the Company. Neither the Company nor any member, director, officer or agent of the Company endorses or represents the reliability, accuracy or quality of any information, goods, services or products displayed or advertised on such other websites. The use of such other websites is at your own risk.
DISCLAIMER OF WARRANTIES
ALL CONTENT IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR GURANTEES THAT ANY CONTENT WILL BE AVAILABLE OR UNINTERUPTED, ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR GURANTEES REGARDING THE ACCURACY, RELIABILITY, OR TIMLINESS OF THE CONTENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS MEMBERS, DIRECTORS, OFFICERS OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You will defend, indemnify and hold harmless the Company and its members, directors, officers and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees as a result of your use of the Content, your breach of these Terms or the documents made part of these Terms by reference, or your violation of any law or rights of a third party.
Your acceptance of these Terms and use of the Content do not create a joint venture, partnership, employment or agency relationship with the Company. You may not assign, delegate or transfer your rights or obligations under these Terms. The Company may assign these Terms. The headings in these Terms are for convenience of reference only and are not to be considered in construing these Terms. The waiver by the Company of a breach of any provision of these Terms shall not operate or be construed as a waiver of any other or subsequent breach.
These Terms and all matters arising out of or relating thereto shall be governed in all respects by the laws of the United States of America and by the laws of the State of California, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. Any action brought by you under or in relation to these Terms, including without limitation to interpret or enforce any provision of these Terms, shall be brought in, and you agree to and do hereby submit to the jurisdiction and venue of, any state or federal court located in the County of Sacramento, California, United States. You agree that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by applicable law. In any such action or any action the Company may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to reasonable attorneys’ fees.
Your obligations under this Agreement are of a unique character that gives them particular value. Breach of any of such obligations will result in irreparable and continuing damage to the Company for which there will be no adequate remedy at law. In the event of such breach, the Company will be entitled to injunctive relief and/or a decree for specific performance, and such other and further relief as may be proper (including monetary damages if appropriate).
These Terms, together with those items made a part of these Terms by reference, make up the entire agreement between you and the Company relating to your use of the Content and replaces any prior understandings or agreements (whether oral or written) regarding your use of the Content. Should any provisions of these Terms be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of these Terms shall not be affected or impaired thereby.