Last updated: February 25th 2024By enrolling in The Wedding CEO (“Curriculum”) from Alora Rachelle LLC (“Company,” “we,” “our” or “us”), you, the Participant identified below (“Participant,” “your,” or “you”), and the Company agrees to the following legal terms and conditions, without modification, and you acknowledge reading them.
Your access to the Curriculum may be revoked, without liability on the Company’s part, for your failure to abide by the terms and conditions of this Agreement or for your failure to make timely and full payments to the Company for your enrollment in the Curriculum.
1. CURRICULUM.
The Curriculum consists of a twelve-month program (unless otherwise stated) designed to educate photographers on how to create, launch, and grow a profitable wedding photography business. Unless otherwise terminated, your enrollment in the Curriculum will be for a twelve-month term starting on the Curriculum Start Date (“Curriculum Start Date”) through the Curriculum End Date (“Curriculum End Date”). The Curriculum Start Date is defined as the first day the Company provides you access to the Curriculum. You will not have access to the Curriculum, its content, and forums after the Curriculum End Date. Your enrollment includes:
- Access to online portal of trainings and templates;
- Regularly scheduled coaching calls; and
- Access to a private community for Curriculum participants.
2. FEES & PAYMENTS
a. Fee. At the time of enrollment, you will have the option of choosing between (a) the Pay in Full option or (b) the Payment Plan option. You agree that you will pay the requisite Fee you selected, whether the Pay in Full Fee or the Payment Plan Fee, in its entirety even if you choose not to or are unable or unwilling to participate in the curriculum. All amounts are payable in United States dollars.
i. For Participants Paying in Full. The Fee for the Curriculum is $2,500 if you pay in full at the time of signing this Agreement (“Pay in Full Fee”). Within two (2) calendar days of being notified by the Company of acceptance into the Curriculum, you must return a signed copy of this Agreement and pay the Fee of $2,500.
ii. For Participants Selecting the Payment Plan. The Fee for the Curriculum is $2,500 if you select the payment plan at the time of signing this Agreement (“Payment Plan Fee”). Within two (2) calendar days of being notified by the Company of acceptance into the Curriculum, you must return a signed copy of this Agreement and make an Initial Payment of $500 to the Company (“Initial Payment”).
The remaining balance of the Payment Plan Fee in the amount of $2,500 must be paid in five (5) equal monthly installments of $500 each consecutive month starting thirty (30) calendar days after the Initial Payment is paid to the Company until the Payment Plan Fee is paid in full. You agree to make timely and full payments of the Payment Plan Fee to the Company even if you are unable or unwilling to attend training, calls or otherwise fully participate in the Curriculum.
b. Authorization to Charge Credit Card. You authorize the Company to automatically charge the credit card on file for any and all Fee balances owed and you agree to keep this information current with the Company.
c. Failed Payments. If any payment is insufficient or declined for any reason, you will receive an automatic seven (7) calendar day grace period (“Grace Period”) to pay the outstanding balance owed. If the outstanding balance is not paid before the Grace Period ends, the Company may remove your access to the Curriculum and it shall not constitute a breach of any term or condition of the Company’s obligations under this Agreement and you shall not be entitled to any refund or be excused of any payment obligations.
d. Disputed Payments. You agree to contact the Company directly to resolve any disputed payments. Upon enrollment, you waive any right to file a dispute with your credit card
provider, payment processor, and/or other financial institution regarding the amounts paid or owed by you for the purchase of the Curriculum, even if your access has been revoked for your violation of this Agreement.
e. No Refunds. You understand and agree that there is a strict no-refund policy for this Curriculum and that by signing this Agreement you are responsible for the full Fee. Requests for cancellations and/or refunds received by the Company will not be honored and any
outstanding Fee balance owed to the Company must be paid in full, even if you are unable or unwilling to participate in the Curriculum. If you are removed from the Curriculum due to your violation of the terms of this Agreement, it does not excuse your obligation to pay the Fee in full.
3. YOUR CONDUCT AND USE
a. Account Creation. In order to access the Curriculum, you will be required to provide information about yourself including your name, email address, username, password and other personal information. You agree that any registration information you provide will always be accurate, correct and up to date.
b. Curriculum Access. Unless previously authorized in writing by the Company, you – the customer on record with the Company – are the only individual who may access the
Curriculum. The Curriculum, including any usernames, passwords, content, materials, and other resources may only be used by you as permitted herein and may not be sold, shared or distributed without the Company’s express written consent to any third party, including, but not limited to, team members, contractors, consultants, employees, partners, etc. Changes or substitutions cannot be made to the individual enrolled in the Curriculum.
i. Access for Third-Party Users. Your enrollment does not include Curriculum access for your team members, contractors, consultants, employees, partners, etc. (“Third Party Users”). To request Curriculum access for a Third Party User, you must first obtain the Company’s express written authorization. You understand, however, that access for a Third Party User is not guaranteed, but if permitted by the Company, will require your acceptance of additional terms and conditions.
c. Consent. When you enroll in the Curriculum, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning our products or services, or other records or correspondence from the Company and you consent to receive notices electronically by way of transmitting the notice to you by email.
d. Your Conduct. You assume all risk and/or liability that may arise or be incurred while participating in this Curriculum. You agree to conduct yourself in a dignified and professional manner and shall not engage in any activity that is detrimental to the health, safety, and welfare of other participants, attendees, coaches, or Company personnel. If in its sole discretion, the Company determines that your behavior creates a disruption or hinders the Curriculum or the enjoyment of the Curriculum by others, the Company may remove your access to the Curriculum and it shall not constitute a breach of any term or condition of Company’s obligations under this Agreement and you shall not be entitled to any refund or be excused of any payment obligations.
e. No Solicitation. You understand that the Curriculum is for educational purposes only and must not be used as a sales or marketing platform. You agree not to use Curriculum-related platforms (whether owned by the Company or not) to market, sell, solicit, offer to, or accept any offers or solicitations of goods or services of any kind from others in the Curriculum.
f. Lawful Purposes. To access or use the Curriculum, you must be at least eighteen (18) years old and have the requisite power and authority to enter into this Agreement. You may use the Curriculum for lawful and legitimate purposes only. You shall not post or transmit through the Curriculum any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
4. COMPANY CLOSURES. Company is closed on Fridays, weekends, federal U.S. holidays, and other periods that will be communicated to you from time to time (“Company Closures”). The company will respond to any communications received during Company Closures shortly after returning to the office.
5. INSTRUCTION. You understand that Curriculum instruction will be provided by various members of our staff, our employees, contractors, or partners.
6. CONFIDENTIALITY. You understand that given the group format of this Curriculum, information provided or shared with the participants, attendees, or Company personnel, whether in the form of comments, discussions in Curriculum-related forums, coaching calls, webcasts, video calls or otherwise are not confidential.
7. RELEASE. “Participant Content” includes any written statements, images, audio recordings, video recordings or other forms of media of yourself, whether shared to or captured on publicly-operated or Company-operated platforms, related to your enrollment or participation in the Curriculum. You hereby authorize Company to use, reproduce, display, distribute, and otherwise disclose Participant Content. This includes, but is not limited to, any content you may publish to social media accounts and online forums as well as any statements, images or recordings captured related to your enrollment or participation in the Curriculum.
You waive any right to payment, royalties or any other consideration for Company’s use of Participant Content and you waive the right to inspect or approve the finished product used by Company. The Company is hereby held harmless and released and forever discharged from all claims, demands, and causes of action which you, your heirs, representatives, executors, administrators, or any other persons acting on your behalf or on behalf of your estates have or may have by reason of this authorization.
8. OUR INTELLECTUAL PROPERTY. You agree that the Curriculum, the Curriculum content, and all materials distributed at or in connection with the Curriculum are owned by the Company (or the Company partners) and that it contains proprietary information that is owned by the Company (or Company partners) and is protected by copyright, trademark and other applicable intellectual property laws. You will not use or reproduce or allow anyone to use or reproduce such content or materials displayed, distributed or provided in connection with the Curriculum for any reason without the prior written permission of the Company. The use of the Company’s Curriculum, except as permitted herein, is strictly prohibited and infringes on the intellectual property rights of the Company and may subject you to civil penalties, including possible monetary damages, for infringement on the Company’s intellectual property rights.
9. LICENSE. Company grants you a limited, personal, revocable, non-exclusive, non-transferable license to access the Curriculum for your own personal and non-commercial use during the term of this Agreement. Except as otherwise provided herein, you acknowledge and agree that you have no right to modify, edit, copy, sell, distribute, duplicate, lease, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any part of the Curriculum in any manner or medium. You also agree not to offer or sell products or services that that are the same as, substantially similar to, or in competition with the Company’s Curriculum.
10. THIRD PARTY WEBSITES AND RESOURCES. Company may share referrals to third party websites, resources, services or goods (“Third Party Resources”). Company makes no representation or warranties regarding the performance or quality of goods and services of Third Party Resources. Referrals to such Third Party Resources do not imply any endorsement or affiliation by the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such Third Party Resources.
11. AFFILIATE LINKS. From time to time, Company may share Affiliate offers or links with you. This means that if you purchase an item using an affiliate link, we may earn a commission. Affiliate links will be highlighted in some manner so as to disclose the affiliate relationship.
12. REFUSAL OF SERVICE. Company reserves the right to refuse Curriculum access to any person or entity, without the obligation to assign reason for doing so. Company may at any time change or discontinue any aspect or feature of the Curriculum, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment. We reserve the right to immediately remove you from the Curriculum without liability or refund if, in Company’s sole discretion, you violate the terms of this Agreement.
13. NO WARRANTIES, REPRESENTATIONS, GUARANTEES. THE COMPANY GIVES NO WARRANTIES WITH RESPECT TO ANY ASPECT OF THE CURRICULUM OR ANY MATERIALS RELATED THERETO OR OFFERED IN CONNECTION WITH THE CURRICULUM AND, TO THE FULLEST EXTENT POSSIBLE UNDER THE LAWS GOVERNING THIS AGREEMENT, DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, AND MERCHANTABILITY.
BY PURCHASING AND/OR PARTICIPATING IN THIS CURRICULUM, YOU ACCEPT, AGREE AND UNDERSTAND THAT YOU ARE FULLY RESPONSIBLE FOR YOUR PROGRESS AND RESULTS FROM YOUR PARTICIPATION AND THAT WE OFFER NO REPRESENTATIONS, WARRANTIES OR GUARANTEES VERBALLY OR IN WRITING REGARDING YOUR FUTURE EARNINGS, BUSINESS PROFIT, MARKETING PERFORMANCE, AUDIENCE GROWTH, OR RESULTS OF ANY KIND. THE COMPANY DOES NOT GUARANTEE THAT YOU WILL GET ANY RESULTS USING ANY OF OUR IDEAS, TOOLS, STRATEGIES OR RECOMMENDATIONS, AND NOTHING IN OUR CURRICULUM IS A PROMISE OR GUARANTEE TO YOU OF SUCH RESULTS.
YOU UNDERSTAND THAT WITH ANY BUSINESS ENDEAVOR THERE IS AN INHERENT RISK, INCLUDING, BUT NOT LIMITED TO, A LOSS OF CAPITAL, MONEY, OR CUSTOMERS AND YOU ASSUME ALL RESPONSIBILITY FOR SUCH RISKS.
INFORMATION PROVIDED ABOUT OR IN THE CURRICULUM IS SUBJECT TO CHANGE. COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION PROVIDED, REGARDLESS OF ITS SOURCE, IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL LIABILITY FOR ANY INACCURACY, ERROR OR INCOMPLETENESS IN THE CURRICULUM.
14. LIMITATION OF LIABILITY. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS IT CONTEMPLATES (WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR OTHER FORM OF ACTION) AND IRRESPECTIVE OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE. IN NO EVENT WILL THE COMPANY’S LIABILITY EXCEED THE PRICE YOU ACTUALLY PAID TO THE COMPANY FOR THE CURRICULUM.
15. USE OF TESTIMONIALS AND REVIEWS. The Curriculum may reference testimonials, reviews, case studies, or other feedback from others about our Curriculum. Although such information are truthful statement, the results obtained by these users and customers are not necessarily typical and are not a guarantee of the types of results you can achieve by following our Curriculum.
16. INDEMNIFICATION. You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of this Agreement, or any use by you of the Curriculum. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
17. GOVERNING LAW; VENUE. This Agreement shall be governed by the laws of the State of Michigan and any disputes arising from it must be handled exclusively in the County of Wayne, Michigan.
18. DISPUTE RESOLUTION. We agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement, by first trying to resolve the dispute with the help of a mutually agreed-upon mediator in Wayne County, Michigan. The Parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures. Any costs and fees other than attorney fees associated with the mediation will be shared equally by the parties. If the dispute is not resolved within forty-five (45) calendar days after it is referred to the mediator, any party may take the matter to court. If any court action is necessary to enforce this Agreement, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.
19. FORCE MAJEURE. A party shall not be liable for any failure of or delay in the performance of this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to any act of God, such as but not limited to war, riot, civil strife; act of terrorism, domestic or foreign; embargo; governmental rule, order, regulation or decree; earthquake, flood, fire, hurricane, tornado, or another casualty; strike, lockout, or other labor disturbance; pandemic, epidemic, public health emergency, outbreak of communicable disease; or any other events or circumstances not within the reasonable control of the party affected, whether similar or dissimilar to any of the foregoing. Upon occurrence of any force majeure event, the party relying upon this provision shall give notice, as soon as feasible, to the other party of its inability to perform or of delay in performing its obligations.
20. RELATIONSHIP OF THE PARTIES. You agree that Company is acting as an independent contractor and that no partnership or joint venture is created between us.
21. ENTIRE AGREEMENT; WAIVER. This Agreement constitutes the entire agreement between you and the Company pertaining to the Curriculum and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Company shall be deemed, or shall constitute, a waiver of any other provision,
whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Company.
22. CHANGED TERMS. This Agreement may be modified or amended if the amendment is made in writing and is signed by the Company and Participant.
23. EFFECT OF HEADINGS. The subject headings of the paragraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
24. SEVERABILITY. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of this Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
25. ASSIGNMENT. Neither this Agreement nor any of the rights and licenses granted under this Agreement may be transferred or assigned by either party without the other party’s prior written consent (not to be unreasonably withheld or delayed), except, however, Company may assign this Agreement without Participant’s consent to its successor in interest in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Any other attempt to transfer or assign this Agreement will be null and void. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the Parties, their respective successors, and permitted assigns.
