1. Scope of Services
a) You are joining our Continuity Program, currently titled “Authentically You”
(hereinafter referred to as the “Program”). The Program includes:
● Modules
● Book Club
● Monthly Group meetings
● Zoom Rooms
● Pop up lives
● Facebook Community
b) You understand that the Program’s structure, content, and schedule can change at any time if, in our discretion, we determine it is in the best interest of the participants in our Program.
2. Term
The term of this Agreement is a monthly subscription. It will automatically renew unless you request for cancellation.
3. Fee – (the “Fee”)
a) The Fee for our Program is $97.00 a month.
b) The fees need to be paid via credit card, Transaction to Accelerated Kingdom Development, LLC bank account.
c) You agree not to dispute or request a refund of your deposit and balance during the duration of the program and after the program has ended.
4. Refunds
The Fee is non-refundable and non-transferrable.
5. Your Responsibility
You are solely responsible for creating, implementing, and maintaining your own decisions, choices, and actions, including those that arise out of or in any way relate to or result from the Program. As such, you agree that we are not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of the Program. You understand that our Program is for informational purposes only. You agree that the ultimate decision on how you will implement the information provided to you in the Program is exclusively your responsibility. You therefore accept full and complete responsibility of your personal and business development, financial situation, and any actions you may take as a result of the Program.
6. Confidentiality
"Confidential Information" means all non-public, confidential, or proprietary information disclosed to you by the us or any of our employees, officers, directors, or agents, whether disclosed orally or in writing and in any form or media, including, without limitation information related to our business or our techniques. You agree to:
● Protect and safeguard the Confidential Information with at least the same degree of care as you would protect your own Confidential Information, but in no event with less than a commercially reasonable degree of care.
● Not use Confidential Information, or permit it to be accessed or used, for any purpose other than the purpose stated in this Agreement and in the Program; and
● Not disclose any such Confidential Information to any person or entity.
7. No Assignment
The Program is personal to the Parties, and neither Party has right or ability to assign, sell, transfer, delegate, subcontract, or otherwise dispose of any rights or obligations under this Agreement to a third party.
8. Independent Contractor Status
We are serving as an independent contractor, not your employee, partner, joint venturers, agent, or representative.
9. WARRANTY.
WE MAKE NO WARRANTIES, WHETHER WRITTEN OR ORAL EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, WITH RESPECT TO ANY GOODS AND/OR PROGRAM PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF RELIABILITY, USEFULNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THOSE ARISING FROM THE COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. WE EXPRESSLY DISCLAIM THE FOREGOING AND ANY OTHER WARRANTIES WITH RESPECT TO THE PROGRAM PROVIDED UNDER THIS AGREEMENT, WHICH ARE PROVIDED AS IS. WE DO NOT WARRANT OR GUARANTEE ANY SPECIFIC RESULT.
10. Limitation of Liability
You agree, that unless the result our willful or intentional misconduct, our total liability to you for any and all injuries, claims losses, expenses, or damages, arising out of or in any way related to the Program and/or this Agreement, for any reason, including but not limited to our negligence, errors, omissions, breach of contract or breach of warranty, will not exceed the sum of the amount of fees paid to you to us under this Agreement.
11. Release and Indemnification
You agree to release, indemnify, and hold us harmless, to the fullest extent permitted by law, from all claims, losses, expenses, fees including attorney fees, costs and judgments that may be asserted against us, in connection with this Agreement or the Program.
12. Intellectual Property
All the information provided by us in the Program and under this Agreement, including that provided on our website, social media pages, emails, chats, in our materials, our copyrights, trademarks, logos, product names, images, audio and video recordings, and all other information is our intellectual property (“Intellectual Property”) and is protected by US copyright and trademark laws. Unless expressly authorized by us in writing, our Intellectual Property may not be copied, reproduced, distributed, or posted in any way whatsoever. Further, any use of our trademarks or trade dress in any manner likely to confuse consumers is prohibited.
13. Notices
All notices required under this Agreement must be in writing and deemed delivered when sent by e-mail to the Party.
14. Entire Agreement
This Agreement constitutes the entire agreement between the Parties. It contains all the terms and conditions we have agreed to relating to the subject matter and replaces and supersedes all prior discussions, understandings, agreements, negotiations and any and all prior written agreements us. Any subsequent changes to the terms of this Agreement may be amended or waived only with the written consent of both Parties.
15. Severability
If any provision of this Agreement is declared by any court of competent jurisdiction to be illegal, void, unenforceable or invalid for any reason under applicable law, the remaining parts of this Agreement remain in full force and effect and continue to be valid and enforceable.
16. Survival
All provisions that logically ought to survive termination of this Agreement, including but not limited to applicable Warranties, Limitation of Liability, Indemnity, Choice of Law, and Forum Selection, survive the expiration or termination of this Agreement.
17. No Waiver
The failure of any party to insist upon strict compliance with any of the terms, covenants, duties, or conditions set forth in this Agreement, or to exercise any right or remedy arising from a breach of it, does not constitute waiver of any such terms, covenants, duties, agreements, conditions, or breach.
18. Acknowledgement of Terms
Each Party acknowledges that they have read this Agreement and understand it and have had the opportunity to consult with independent legal counsel in connection with it.
19. Force Majeure
Parties are excused from any delay or failure of performance required hereunder if caused by reason of a Force Majeure Event, as long as the non-performing Party complies with its obligations as set forth below.
For purposes of this Agreement, “Force Majeure Event” means any circumstances outside the reasonable control of the Parties that prevents a Party from performing its obligations under this Agreement. Such events may include but are not limited to: acts of war; insurrections; pandemics; strikes, lockouts, or other labor disputes; riots; terrorist acts; technical and electrical outages and failures; and acts of nature.
20. Arbitration
The parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association, and each party hereby consents to any such disputes being resolved. Judgment on the award so rendered in any such arbitration may be entered in any court having jurisdiction thereof.
21. Choice of Law
This Agreement is governed and construed in accordance with the laws of the State of Florida, without regard to choice-of-law principles. All claims relating to or arising out of this Agreement, whether in contract, tort or otherwise, are governed by the laws of the State of Florida, excluding that State’s choice-of-law principles.
22. Choice of Forum.
The Parties hereby agree that all demands, claims, actions, causes of action, suits, proceedings, including arbitration, to the extent permitted under this Agreement, shall be filed, initiated, and conducted in the City of Tampa, State of Florida.
23. Attorney Fees
In the event that any arbitration, suit, or action is instituted to resolve a dispute pertaining to matters covered under this Agreement, or enforce any provision thereof, the prevailing party in any such dispute or proceeding shall be entitled to recover from the losing party all fees, costs, and expenses of enforcing any right of such prevailing party, including without limitation, all reasonable fees, and expenses of attorneys and accountants, court costs, and expenses of any appeals.
24. Counterparts
The parties agree that this Agreement may be executed in counterparts. The parties further agree this Agreement may be electronically signed via e-signature.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first written above:
Accelerated Kingdom Development, LLC., Name: _____________________________
with Dr. Dwayne C. Perry
BY: ............................................................. BY: _______________________________
Title: Coach & Partner
Date: ____________________ Date: ____________________