TERMS OF PURCHASE

BY PURCHASING THIS PROGRAM (BEAUTY AND THE VLOG YOUTUBE BOOTCAMP) YOU (HEREIN REFERRED TO AS “CLIENT”) AGREE TO THE FOLLOWING TERMS STATED HEREIN.

Program/Service

Erika Vieira agrees to provide services of The Beauty and the Vlog Bootcamp (herein referred to as “Program”). Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.

Disclaimer

Client acknowledges that neither Erika Vieira, their affiliates, nor any of their respective employees, agents, third parties, or licensors warrant that the services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from these Events as to the timeliness, sequence, accuracy, reliability, completeness, or content of any information or service provided through the Events.

Client understands that Erika vieira does not offer any representations, warranties, or guarantees, verbally or in writing, regarding your earnings, business profit, marketing performance, audience growth, YouTube channel growth or any results of any kind. Client agrees that their results are dependent on various factors including but not limited to, skill, knowledge, ability, dedication, business acumen, and finances and in no way dependent on any information Erika vieira provides to Client.

Except as specifically provided in this agreement or where the law requires a different standard, you agree that Erika Vieira is not responsible for any loss, property damage, death, illness or bodily injury, caused by your participation through the Program. To the maximum extent permissible under applicable law, Erika Vieira will not be responsible to the Client or any third party claims through the Client for any direct, indirect, special or consequential, economic or other damages arising in any way out of your purchase or participation through the Program.

Client understands that a coaching relationship does not exist between the parties after the conclusion of the Events. If the Parties continue their relationship, a separate agreement will be entered into.

Program Structure

The Program shall include:
Weekly Facebook Lives;
Bootcamp Workbook;
Power Accountability Groups via Marco Polo App;
Access to the Private Facebook Group;
Topic Presentations

Length

Program shall be sixty (60) to ninety (90) days   (herein referred to as “Commitment Period”). Client selects Commitment Period, either sixty (60) or ninety (90) days at the purchase of the Program. Client understands all benefits shall expire at the end of the Commitment Period, and will not be carried-over. All of Client’s benefits must be used during the Commitment Period.

Refund Policy

No refunds will be issued and transfers are not available.

Default Policy

Client is responsible for full payment of the fees for the Program, regardless of whether Client, participates or utilizes the Program. If the credit card that Client elects to use for payment is declined, Client will be removed from the Program indefinitely.

Confidentiality

Erika Vieira respects the Client’s privacy and insists that the Client respects the Organizer’s and the other Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Erika Vieira, any representative of Erika Vieira, or the Participants is confidential, proprietary, and belongs solely and exclusively to the Party who discloses it. All Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, from the forum or otherwise.

Client agrees not to use such confidential information in any manner other than in discussion with Erika Vieira or other Participants during the Program. 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.

Further, Client agrees that if they violate or display any likelihood of violating this section Erika Vieira and/or the other Participant will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

 

Non-Disclosure of Materials

Material given to the Client in the course of the Program is developed solely and specifically by Erika Vieira. Original materials that have been provided to the Client are for the 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 the Client to a third party is strictly prohibited.

No Transfer of Intellectual Property

All intellectual property, including Erika Vieira’s Program materials, shall remain the solely and exclusively the property of Erika Vieira. No license to sell, reproduce or distribute Erika Vieira’s materials is granted or implied. Client agrees not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of Erika Vieira or Participants.

Further, the Client agrees that if the Client violates, or displays any likelihood of violating, any of the agreements contained in this paragraph, Erika Vieira and/or Participants will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

Client Responsibility

The Program is developed for strictly educational purposes. Client accepts and agrees that Client is one fully responsible for their progress and results from the Program. Erika Vieira makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature and extent of the Program, 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 Program.

 

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 the Program, no such persons shall be deemed employees of the other party by virtue of participation or performance hereunder.

Force Majeure

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 Erika Vieira to perform their obligations under this Agreement, the Organizer’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

Severability/Waiver

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.

Miscellaneous

A) Limitation Of Liability. Client agrees they purchased the Program at their own risk and that the Program is only educational services being provided. Client releases Erika Vieira, it’s employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, instructors, guides, staff, Participants, and related entities in any way as well as the venue where the Events are being held, and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from your participation in the Program. Client accepts any and all risks, foreseeable or unforeseeable.

Client agrees that Erika Vieira will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Organizer’s services or enrollment in the Program. Erika Vieira assumes no responsibility for errors or omissions that may appear in any of the Events materials.

Client further declares and represents that no promise, inducement or agreement not herein expressed has been made to Client to enter into this release. The release made pursuant to this paragraph shall bind Client’s heirs, executors, personal representatives, successors, assigns, and agents.

B) Non-Disparagement. In the event that a dispute arises between the Parties, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below.  The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. The Parties agree that neither will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, each other or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

C) Assignment. This Agreement may not be assigned by Client, without express written consent of Erika Vieira. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Waiver of 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.

D) Termination. Erika Vieira is committed to providing all Clients a positive experience. By accepting below, Client agrees that Erika Vieira may, at their sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Events without refund or forgiveness of monthly payments if the Client becomes disruptive to Erika Vieira or Participants, difficult to work with or upon violation of these terms. Client will still be liable to pay the total contract amount.

E) Indemnification. Client shall defend, indemnify, and hold harmless Erika Vieira, their 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 Program, excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Erika Vieira, or any of its shareholders, trustees, affiliates or successors. Client shall defend Erika Vieira in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Organizer’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of Erika Vieira.

F) 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 Erika Vieira 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.

G) Equitable Relief. 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.

H) Notices. 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 five (5) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by email. Email: contact@beautyandthevlog.com. Erika Vieira shall deliver notice to Client’s email address provided to Erika Vieira through registration.

I) Entire Agreement. 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, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.

J) Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America.

BY PURCHASING THIS PROGRAM, I HAVE READ AND AGREE TO THE WORKING AGREEMENTS ABOVE.

BY PURCHASING COACHING FROM ERIKA VIEIRA YOU (HEREIN REFERRED TO AS “CLIENT”) AGREE TO THE FOLLOWING TERMS STATED HEREIN.

Understanding

The terms and conditions below apply to all coaching and mentoring services provided by Erika Vieira to any individual or organization (“the client”) and constitute the contract for the service to be provided by Erika Vieira for the client. The term ‘coaching’ as here used covers life coaching, personal coaching, content creation coaching, YouTube coaching and business coaching for clients and where applicable includes mentoring or supervision services provided for clients, coaches or others.

Coaching is not psychological counseling or any type of therapy, and should not be construed as such.

In return for the fees payable by the client (or by a third party on their behalf), Erika Vieira agrees to provide the service as described below and in accordance with the terms and conditions set out below. The client agrees to pay fees for the service on the terms and conditions set out below (in situations where a third party pays the fees, the third party counts as an agent acting on behalf of the client).
The date that the first coaching session takes place shall be deemed to be the start date for the service. Participation by any individual in the first coaching session constitutes acceptance of these terms and conditions.
By joining the Beauty and the Vlog YouTube Bootcamp, there are no guarantees to the individual success of the client. Erika Vieira through her coaching services and the bootcamp will provide help but does not guarantee results.
Responsibility & Commitment
Erika Vieira will seek to enable the client to set and achieve goals that will help to bring about desired outcomes for the client. The client has sole responsibility for any decisions they may make following coaching with Erika Vieira.  Erika Vieira accepts no liability for the client’s actions. Erika Vieira has no liability for any loss incurred by any client, whether financial or otherwise, following commencement of coaching sessions, or for any perceived failure by the client, whether justified or otherwise, to achieve a material improvement in quality of life or to achieve their desired outcomes or goals.
The client will be required to complete a ‘Beauty and the Vlog Bootcamp Intake’ form at the commencement of the bootcamp; the client will be asked if they are ready to take action to make the necessary changes.

Confidentiality

Personal information or business information supplied to Erika Vieira by the client in coaching sessions will be treated as confidential. It will not be disclosed to a third party without the client’s prior permission, save where required by law.

All documentation and information relating to the client will be held according to the Data Protection 1998, except as permitted by the client in writing or as required by law.

Clarity & Style
Erika Vieira will discuss with the client their preferred style of coaching.  The client has the right to talk openly and candidly with their coach, and the client is encouraged to discuss any concerns they have with Erika Vieira on any area of the coaching process.  Erika Vieira welcomes openness and honesty.
Feedback about the service is welcomed and can be given during a coaching session or by emailing erika@beautyandthevlog.com
Erika vieira is continually striving to ensure the standard of service it provides to its clients remains outstanding.
Coaching Procedure
The consulting schedule will be arranged between Erika Vieira and the client and can be booked up to 1 month in advance.
The number of strategy sessions will be agreed at the start of coaching between Erika Vieira and the client.
The length of each session is usually 45 minutes for a first session and 30 minutes for each session thereafter.
Strategy sessions will take place between the client and their coach, via Skype (client calls coach), or by telephone (client calls coach).
Erika Vieira may assign the client tasks or exercises to complete between coaching sessions. There is no obligation on the client to complete these tasks, but not doing so may slow the client’s progress in gaining improved quality of life or achieving desired business or personal outcomes. Where possible, clients are requested to submit any information requested by BIG relating to assignments at least 24 hours before the coaching session when they are to be discussed. BIG will provide feedback on completed assignments during coaching sessions.

Cancellation & Rearranging Sessions

If the client needs to rearrange a coaching session, they should provide at least 48 hours’ notice. No refunds will be given to clients for unused coaching sessions unless 48 hours’ notice has been given. In exceptional circumstances BIG may need to rearrange a coaching session; in these circumstances BIG will use reasonable endeavors to provide a mutually satisfactory alternative appointment the client.

Where a client pays for a session, or sessions, in advance they must have the coaching session(s) that they have paid for within 6 months of the payment, or their fee is forfeited.

The client may terminate their coaching contract at any time in writing.  Any monies owed at the time of cancellation will become due immediately.  Refunds on payments made against future sessions will be at the discretion of BIG.

In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behavior by the client, actual or potential conflict of interest, or other reasons, BIG can decide to terminate the service to the client early or refuse or be unable to provide further coaching sessions to the client. In such a circumstance the client will be given reasonable notice of termination by BIG where practicable, and will be refunded any advance payments made for coaching sessions not yet provided.

There may be occasions when BIG may recommend to the client that they seek an alternative service more suited to their current needs.  In this event BIG will fully discuss the reasons for the recommendation with the client.  It is the client’s sole responsibility to decide whether to follow the recommendation and BIG does not accept any liability for the outcome of any decisions the client choses to make.