I agree and understand that Messiah Media (also referred to as Lauren Messiah in this service agreement) does not offer refunds under any circumstances. It is the responsibility of the client to complete all assigned tasks associated with the virtual styling package and to submit them to Lauren Messiah.
Messiah Media will render virtual services within a two-week period after all completed tasks have been successfully received. Lauren Messiah has the right to extend the period with written notification to you the client.
I agree and understand that any style observations/ recommendations that come from Messiah Media are the based on Lauren Messiah’s professional opinion. All online product recommendations made by Lauren Messiah are based upon the information provided by the client. Messiah Media is not responsible for products that become out of stock, that are not as pictured on the retailers website, products that do not fit or flatter are also not the responsibility of Lauren Messiah/ Messiah Media. Product recommendations are meant to help clarify and provide context to the clients newly developed style. I understand that I am in now way obligated to purchase any of the products that Lauren Messiah recommends.
TERMS OF PARTICIPATION
Please read carefully. By ordering this service you are agreeing to these terms and giving your virtual signature. By purchasing this product you (herein referred to as “Client”) agree to the following terms stated herein.
Messiah Media, DBA herein referred to as “Lauren Messiah or Company” agrees to provide the service, “Style Assessment” or “Style Development” as identified in our online commerce shopping cart. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the service.
Client understands Lauren Messiah is giving guidance and her professional opinions, Messiah Media make no warranty that the Products or Services will meet your requirements.
Client understands that a relationship does not exist between the parties after the conclusion of this service. If the Parties continue their relationship, a separate agreement will be entered into.
Style Assessment $197. Style Development $497
METHODS OF PAYMENT
Client may pay by credit card or debit card.
Lauren Messiah does not offer refunds at any time, for any reason.
Lauren Messiah respects Client’s privacy and insists that Client respects Lauren Messiah. Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Lauren Messiah or any representative of the company Messiah Media is confidential, Proprietary, and belongs solely and exclusively to the party who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, or any form of communication. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Lauren Messiah publicity or privacy rights. Furthermore Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses. Additionally, Company will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this product you agree that if you violate or display any likelihood of violating this session the Lauren Messiah will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
NON-DISCLOSURE OF COACHING MATERIALS
Material given to Client in the course of Client’s work with Lauren Messiah is proprietary, copyrighted and developed solely and specifically for Lauren Messiah . All materials, procedures, policies, and standards, all style manuals, all styling aids, all supplements and the like that have been or will be made are for personal use in or in conjunction with this training program only. Original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client agrees that such proprietary material is solely for Client’s own personal use. Any disclosure, reproduction and sale by Client to a third party is strictly prohibited. Service content may not be sold, tape recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Messiah Media, DBA.
NO TRANSFER OF INTELLECTUAL PROPERTY
Lauren Messiah’,s programs, products, and services are copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Lauren Messiah’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted service materials, shall remain the sole property of Messiah Media, DBA. No license to sell or distribute Lauren Messiah’s materials is granted or implied. By purchasing this service, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with Lauren Messiah. Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
Services are developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Services. Lauren Messiah makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the Services, the results experienced by each client may significantly vary. Client acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Client will reach their goals as a result of participation in the Service. Lauren Messiah assumes no responsibility for errors or omissions that may appear in any program materials.
INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement is to be construed as creating a partnership, venture alliance, or any other similar relationship. Each party shall be an independent contractor in its performance hereunder and shall retain control over its personnel and the manner in which such personnel perform hereunder. In no event shall such persons be deemed employees of the other party by virtue of participation or performance hereunder.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Lauren Messiah to perform its obligations under this Agreement, the Lauren Messiah’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
LIMITATION OF LIABILITY. Client agrees they used Company’s services at their own risk and that Service is only an educational service being provided.
Client may not assign this Agreement without express written consent of Lauren Messiah.
Lauren Messiah may modify terms of this agreement at any time. All modifications shall be posted on the Lauren Messiah’s website and purchasers shall be notified.
Company is committed to providing all clients in the Services with a positive Service experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation with the Service without refund. If Client becomes disruptive to Lauren Messiah, Client fails to follow the Service guidelines, is difficult to work with, or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate Lauren Messiah’s Services, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Messiah Media, DBA and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Services.
RESOLUTION OF DISPUTES
If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: info [at] laurenmessiah [dot] com. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance. This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America.
If you have any questions or problems, please let us know by contacting our support team directly. The email is [email protected]