Terms
TERMS & CONDITIONS
@Arielsovisual Branding Photography Subscription Agreement
Please read carefully. By purchasing this product you (herein referred to as “Client”) agree to follow the terms stated herein.
SERVICE
Arielology, LLC./(herein referred to as “Company”) agrees to provide subscription branding photography. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the subscription service. Client understands that @Arielsovisual Branding Photography Subscription is a subscription based photography service that will be available as unlimited access unless notified by the Company that the content will expire.
DISCLAIMER
Ariel Bailey (herein referred to as “Photographer”) and Ariel Bailey, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist or accountant. Client understands that Photographer has not promised, shall not be obligated to and will not; (1) procure or attempt to procure employment or business or sales for Client; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client; (6) introduce Client to Photographer’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this Branding Photography Subscription. If the Parties continue their relationship, a separate agreement will be entered into.
FEES
The fee for the @Arielsovisual Branding Photography Subscription has the following options:
Two payment Options
Option 1-Full Payment Described Upon Subscription Setup and Initial Payment
Option 2- Monthly Installment Plan of Full Rate Described Upon Subscription Setup and Initial Payment
If for any reason Company is offering a special discount/promotion for a limited time, then that replaces the above.
METHODS OF PAYMENT
If Client elects to pay by installments, Client authorizes the Company will request Client’s payment on as agreed on the checkout form for the Branding Photography Subscription. If Client elects to pay in FULL, Client will have to pay full at time of checkout.
LATE FEE POLICY
Client will be charged an additional monthly installment if he/she are late more than 15 minutes to a scheduled session. The session will be cancelled and the client will have access to reschedule to a later date.
REFUND POLICY
No refunds. No transfers. No Exceptions.
Client understands that @Arielsovisual Branding Photography Subscription is non refundable. No refunds will be given whatsoever under any circumstances. To further clarify, we will not provide refunds on installment payments and all payments must be made on time. If you have any questions or problems, please let us know by contacting our support team directly. Support can be reached at info@arielsovisual.com
Client fully acknowledges that he/she purchased @Arielsovisual Branding Photography Subscription online using their debit/credit card and authorize Arielology, LLC to debit their credit card. Client understands this service is non refundable.
Client further understands that any attempt at a chargeback of @Arielsovisual Branding Photography Subscription is fraudulent and legal action will be taken against any and all fraudulent disputes.
Client also understands that Arielology, LLC has the right to file criminal theft of services and/or civil action to due fraudulent chargebacks.
RESCHEDULING or CANCELLATION of @Arielsovisual Branding Photography Subscription
Once payment is made, installments are 100% non-refundable, for any reason, if a @Arielsovisual Branding Photography Subscription service must be rescheduled, Client will have access to reschedule to a later date. Client will be charged an additional fee of $30 for every session rescheduled within 24 hours of originally scheduled session times.
Client fully acknowledges that if they choose to cancel the subscription payment will be due in full immediately for any remaining balance. Client may continue to schedule service through the end of the term agreed only once payment is made in full.
CONFIDENTIALITY
The Company respects Client’s privacy and insists that Client respects the Company’s and @Arielsovisual Branding Photography Subscribers (herein referred to as “Subscribers”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by branding photography subscribers or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. Client agrees not to use such confidential information in any manner. 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 Company’s 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, Photographer 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 Company and/or the other subscribers will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
NO TRANSFER OF INTELLECTUAL PROPERTY
Company’s Branding Photography Subscription is 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 Company’s intellectual property for Client’s business purposes. All intellectual property shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied. By purchasing this product, 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 the Company. 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.
CLIENT RESPONSIBILITY
Client accepts and agrees that Client is 100% responsible for their progress and results from subscribing. The company makes no representations, warranties or guarantees verbally or in writing. Client understands that 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 as a subscriber. Company assumes no responsibility for defects, errors or omissions that may result from sessions associated with @Arielsovisual Branding Photography Subscription.
FORCE MAJEURE
Notwithstanding the above, the Company may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of the company that materially affects the services provided in this Agreement including:
Natural Disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
War, Invasion, Act of Foreign Enemies, Embargo or other Hostility (whether declared or not); or
Any hazardous situation created outside the control of either party such as a pandemic or epidemic, riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
In the event that the above section applies, Company will be permitted to make a reasonable effort to reschedule services as needed in order to comply with the terms of this Agreement; however, will not be found in breach if this is not possible due to the circumstances.
DEATH OR INCAPACITY FOR PERSONAL SERVICE
If the Company services are terminated by reason of the Photographer’s death or Incapacity during the Employment Period, this Agreement shall terminate without further obligations to the Photographer’s legal representatives under this Agreement.
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.
LIMITATION OF LIABILITY
Client agrees they used Company’s services at their own risk. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as locations and studios where the @Arielsovisual Branding Photography Subscription services are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) 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 my participation in the subscription. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company 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 Company’s services. Company assumes no responsibility for defects, errors or omissions that may appear in any of the subscription outputs.
ASSIGNMENT
Client may not assign this Agreement without express written consent of Company.
MODIFICATION
Company may modify terms of this agreement at any time. All modifications shall be posted on the Company’s website and purchasers shall be notified.
INDEMNIFICATION
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 in Company’s Branding Photography Subscription, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Company 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 locations or studios where Branding Photography Subscription services are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releases”) of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in a equity arising from my participation in the Branding Photography Subscription services.
EARNING DISCLAIMER
Every effort has been made to accurately represent this product and its potential. There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques. We do not position this product as a “get rich quick scheme.” Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the Branding Photography Subscription services, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
Materials in our product and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance. Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.
DUTY TO READ
I accept that under this agreement, I have a duty to read this terms of participation policy, and have done so. Furthermore, I understand and accept that I am precluded from using lack of reading as a defense against all remedies contained herein.