SavvyCircle Terms & Conditions
THIS AGREEMENT is made as of the date below between The Virtual Savvy LLC ("Company") and the SavvyCircle Student (“you” or “your”) (collectively as the “Parties”). By entering this Agreement, you agree to participate in SavvyCircle, a 12-month group program (“Program”), facilitated by Company, which is more fully described in Exhibit A (the “Deliverables”) and continued to include Exhibit B (Group Program Participation Agreement). The Parties agree to the following:
- Term. This Agreement shall be effective as of the date listed below and shall continue until completion of the Services outlined in Exhibit A.
- Compensation. You shall pay Company the fees in US dollars as indicated in Exhibit A. Failure to make any payment may result in temporary or permanent suspension of your access to the Program. In the event that Company incurs legal fees, costs, or disbursements in an effort to collect its invoices, in addition to interest on the unpaid balance, you agree to reimburse Company for all such expenses.
- Relationship of the Parties. It is understood by the Parties that Company is an independent contractor and owes no fiduciary duties to you.
- Termination. This Agreement may be terminated by the Parties immediately upon written notice to the other party. In the event of termination, you will pay for all remaining amounts due for the Program. No refunds will be granted for amounts already paid to Company.
- Confidentiality. The Parties agree that neither party shall authorize the other to disclose to any third party any confidential information without prior written consent, except as may be necessary to establish or assert rights hereunder, as required by the laws of the applicable jurisdiction or by court order. Confidential Information includes business methods, business policies, business strategies, business plans, procedures, techniques, research, or any other relevant details relating to or dealing with the business operations or activities of the Parties. Confidential information is not limited to a specific medium and can be oral, written or physical in format. The confidentiality obligations set forth in this Agreement shall survive 10 years after termination or expiration of the Agreement.
- Disclaimer. There is no guarantee that you will see positive results using the techniques and materials provided in the Program. Company assumes no management responsibility for your decisions or for policies or practices that you implement.
Any statements related to income or earnings potential, regardless of medium, are examples of what may be possible in the future. Company makes no guarantees regarding results, present or future. Company is not responsible for your earnings, income, sales, or any other business performance as a result of your participation in the Program.
Company, and its coaches, are serving as a facilitator for the Program and is not serving in the capacity as an individual advisor for your business. You will receive feedback and information from all members of the Program, including representatives of Company and other members of the Program.
- Ownership of Intellectual Property. All original materials provided by Company to you as part of the Program are owned by Company. Any original materials are provided for your individual use only. You is not authorized to use or transfer any of Company's intellectual property. All intellectual property remains the property of Company. No license to sell or distribute is granted or implied.
- Indemnification. You shall indemnify, defend, and hold Company harmless from and against any loss, liability, damage, or expense, including reasonable attorney's fees, incurred or suffered by or threatened against Company in connection with or as a result of any claim brought by or on behalf of any third party person or entity as a result of or in connection with Company’s appearance or association with you, unless such claim arises from Company’s negligent acts or omissions or arises from or is related to breach of any obligation and/or warranty made by Company hereunder.
- No Warranty. COMPANY HEREBY DISCLAIMS, ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. THE PROGRAM, ALONG WITH ANY ANCILLARY SERVICE, IS BEING PROVIDED “AS IS,” WITHOUT ANY TYPE OF WARRANTY WHATSOEVER. IF YOU ARE A CALIFORNIA RESIDENT, BY ACCEPTING THIS AGREEMENT YOU ARE WAIVING CALIFORNIA CIVIL CODE SECTION 1542 WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HER SETTLEMENT WITH THE DEBTOR.”
- Limitation of Liability. YOU AGREE THAT YOU HAVE USED COMPANY’S SERVICES AT YOUR OWN RISK. YOU RELEASE COMPANY FROM ANY AND ALL CLAIMS OF DAMAGES THAT MAY RESULT FROM ANY CLAIMS ARISING FROM THIS AGREEMENT, ALL ACTIONS, CAUSES OF ACTION, CONTRACT CLAIMS, SUITS, COSTS, DEMANDS, AND DAMAGES OF WHATEVER NATURE OR KIND IN LAW OR IN EQUITY ARISING FROM THIS AGREEMENT.
- Choice of Law and Jurisdiction. This Agreement shall be governed by the laws of the State of Missouri without regard to its conflict of laws doctrine, and applicable federal laws of the United States of America.
- Dispute Resolution. The Parties agree to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation. The Parties further agree that their respective good faith participation in mediation is a condition precent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
- Assignment. This Agreement shall not be transferred or assigned, in whole or in part, by either Party to any third party without the express written consent of the other Party.
- Notice. Except as otherwise provided herein, all notices that either party is required or may desire to give the other party shall be in writing to the address in the signature block. Electronic mail is permissible, but will only be considered sufficient notice if the non-sending party affirmatively confirms receipt.
(a) If any of the provisions of this Agreement is or becomes illegal, unenforceable, or invalid (in whole or in part for any reason), the remainder of this Agreement shall remain in full force and effect without being impaired or invalidated in any way.
(b) Any rights or obligations contained herein that, by their nature, should survive termination of the Agreement shall survive, including, but not limited to representations, warranties, intellectual property rights, indemnity obligations, and confidentiality obligations.
(c) Any failure of either party to enforce any provision of this Agreement, or any right or remedy provided for therein, shall not be construed as a waiver, estoppel with respect to, or limitation of, that party’s right to subsequently enforce and compel strict compliance or assertion of a remedy.
(d) The Agreement may be executed in several counterparts, all of which taken together will constitute one single agreement between the Parties. The parties expressly agree that with respect to this Agreement, a facsimile or electronic signature or executed document which has been formatted as a Portable Document Format (PDF) and electronically exchanged shall be binding upon the parties.
(e) This Agreement, along with all attachments, represents a single agreement, as well as the entire agreement with respect to the subject matter. This Agreement supersedes any prior agreement between the Parties, whether written or oral, with respect to the subject matter, and may be modified or amended only by a writing signed by the party to be charged.
SCOPE OF WORK
You are enrolling in the SavvyCircle program, a 12-month group program hosted by The Virtual Savvy.
For additional program details, please review the deliverables section below.
The Program will start on June 1, 2021 and will last for 12 months.
Group Coaching Calls will take place via Zoom scheduled on Tuesdays at 1pm CT.
Critique Calls will be streamed live into the Facebook Community scheduled on Thursdays at 1pm CT.
Due to the nature of the Program meetings, if you miss a session, no make-up sessions are available. Recordings of sessions will be made available.
Payment Amount and Schedule:
You agree to pay Company $4,997 for the Program, if paid in full. Payment is due upon the execution of this Agreement. If payment is not received in a timely manner, you may not receive access to the Program.
If you elect to use a payment plan, the cost is $497 monthly. The initial payment is due upon execution of this Agreement. If the initial payment is not received in a timely manner, you may not receive access to the Program.
The remaining payments will be due monthly after the start of the Program. In the event of a late payment, Company reserves the right to terminate, delay, or postpone your access to the Program.
Minus any applicable credits or discounts.
Description of Deliverables:
The SavvyCircle includes over 50 video lessons along with worksheets and templates that will walk you through our unique framework of creating a signature offer and systems inside your business so that you can scale.
Also included are weekly live calls where students receive support, encouragement, and critique.
In addition to weekly calls, Program members may interact through the private Facebook group created for the program. You, and all other Program members, agree to abide by the Participation Guidelines, attached hereto as Exhibit B.
No refunds are available.
If you elected to pay in full, you will receive a bonus 30-minute call with a member of Company's team. This call may be used at any time during the Program. If the call is not redeemed during the Program, it will be deemed forfeited.
If you schedule a bonus call with Company, you must provide at least 48 hours’ notice of cancellation or a need to reschedule. If this is not received, you will forfeit the right to reschedule the call.
Group Program Participation Agreement
Company is hosting the Program, which you are a member. The following are your rights and responsibilities as a participant in the Program ("Program Participant").
- Confidentiality. All Program Participants agree to keep information shared by other Program Participants confidential, as long as such information was shared as in a forum hosted by Company as part of the Program. Program Participants are prohibited from sharing content, such as screenshots, with any third parties. Failure to abide by this policy will be deemed a violation of the Agreement.
You agree that you will not hold Company liable for any disclosure of your confidential information made by another Program Participant.
- Facebook Group. Company has created a private Facebook group for Program Participants ("Program Facebook Group"). Company will host the Program Facebook Group for the duration of the Program. Program Participants may ask questions and interact with other conversations within the group. Program Participants will have access to the Program Facebook group until the end of the Program. Program Participants should not expect to have continued access to the Program Facebook Group after this time.
If a Program Participant asks Company a question through a question in the Program Facebook Group, Company will provide an answer within two business days.
Facebook is a third-party software. Presently, the group is set as secret and may not be accessed by the public. If, at any time, Facebook changes its policies or experiences a malfunction, and the Program Facebook Group becomes public, you are responsible for deleting any confidential information from the Program Facebook Group.
- Code of Conduct. All Program Participants agree to the following Code of Conduct.
- All Program Participants will treat one another, and all representatives of Company, with courtesy and respect.
- The following types of contributions to the Program Facebook Group will not be tolerated and will be deleted:
- Harassment directed toward any third parties, including all other Program Participants and representatives of Company;
- Spam content;
iii. Hate speech;
- Defamatory statements regarding Company or any third party;
- References to illegal acts; or,
- Contributions that may violate the legal rights of a third party.
Company’s sole discretion will be used to determine if a member is in violation of these policies.
- Disclaimer. Within the Program, you will have access to feedback from other Program Participants. Please ensure that you carefully weigh any feedback and advice as you are responsible for determining what course of action will be the best for your individual business.
In the event that any other Program Participant has a professional degree or license, any information that they provide is not meant to serve as customized advice. Please ensure that you talk to the appropriate licensed professional to ensure that such advice is appropriate for your business prior to taking action.
- Ownership of Intellectual Property. From time to time, a Program Participant may share their original materials with other Program Participants. Any original materials shared with Program Participants belong to the creator of the materials and are provided for individual use only. You are not authorized to use or transfer intellectual property received as a result of membership in the Program. No license to sell or distribute is granted or implied. This paragraph does not apply to ideas that are not yet protected by copyright or trademark laws and does not protect Program Participants from expressions of similar ideas. Program Participants should exercise caution when sharing confidential business plans or concepts.