In-person Product and Services Agreement
This Products and Services Agreement (“Agreement”) is made and entered into the ___ day of _____. 20__, between Molly Seidel LLC, a Colorado limited liability company with an address of _________________________ and _________ with an address of ________________________ (“Client”).
This Agreement will cover the major business transactions we may do with you as described within this Agreement and in the applicable Attachment(s) (“Products and Services”). “Attachments” are further Agreements which are also part of this Agreement and which provide additional terms for some Products and Services which are not specified in this Agreement.
By signing this Agreement, each of us agrees to the terms of this Agreement. Once signed, (1) any reproduction of this Agreement or an Attachment, made by reliable means (for example, photocopy or facsimile) is considered an original and (2) all Services you order under this Agreement are subject to it.
1. Ownership. All content included on this Site, Products and Services, and Confidential Information (cumulatively referred to as “Materials”) is and shall continue to be the property of Molly Seidel LLC and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such Materials is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content. or materials by or through your use of this Site, Products, or Services.
2. Trademarks. Free Bird Publishing House, The Creative Blueprint Process, Free Bird Inspirations, and others are either trademarks or registered trademarks of Molly Seidel LLC. Other product and company names mentioned on this Site may be trademarks of their respective owners.
3. Confidential Information. For purposes of this Agreement, “Confidential Information” shall include all nonpublic information disclosed directly or indirectly by Molly Seidel LLC, its agents or employees to you whether written, oral, electronic, or otherwise, through any means of communication or observation. You agree to use the Confidential Information solely for the purpose set forth in this Agreement and applicable Attachment(s), and not for any other purpose or benefit or for the benefit of any third party. You are responsible for breaches of this Agreement by persons to whom you disclose Confidential Information received hereunder.
4. License. Molly Seidel LLC grants you a limited, non-transferable, nonexclusive license to use this Site and the Products and Services described on the selected Attachment(s) including any Confidential Information received on the terms and conditions and subject to the restrictions and limitations set forth within this Agreement and any Attachments or Exhibits. You may use the Materials solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy or modify Materials as provided under the terms of this Agreement, reverse engineer or break into the Site, or use Materials in violation of any law.
5. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
6. Indemnification. You agree to indemnify, defend and hold Molly Seidel LLC and our partners, employees, and affiliates, harmless from and against any and all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs and expenses, (including without limitation reasonable attorney's fees and costs of any investigation) directly or indirectly arising from or in any way connected with (i) use of or reliance on the Products or Services, or other information or data supplied or to be supplied to you under this Agreement, (ii) any breach of or default under the terms or conditions of this Agreement by you, (iii) your use of this Site, and (iv) any negligence, gross negligence or willful misconduct by or on behalf of you or your employees or agents.
7. Disclaimer and Exclusion of Warranties. THE INFORMATION, PRODUCTS OR SERVICES UNDER THIS AGREEMENT ARE PROVIDED TO YOU "AS IS" AND “AS AVAILABLE.” MOLLY SEIDEL LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Molly Seidel is NOT a medical professional and does not purport to provide services which should be provided by a medical, mental or other healthcare professional. If you have any questions or concerns about your ability to participate in any activity or service, please see your health care provider prior to your participation. Any such participation is at your own risk.
8. Limitation of Liability. If we fail to perform our duties and obligations under this Agreement, and you can establish that as a direct result thereof you have incurred any damages, liabilities, losses, fees, costs or expenses, then our liability to you for actual damages for any cause whatsoever, regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, shall not exceed in the aggregate the lesser of (i) the amount paid by you for the selected Products and Services, or (ii) $1,000. FURTHER, UNDER NO CIRCUMSTANCES WILL MOLLY SEIDEL LLC BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT, THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The parties acknowledge that this Agreement has been entered into as a commercial transaction and, further, that since any proof of actual damages to you would be very difficult, imprecise and inaccurate, the foregoing remedies and limitations on damages constitute fair, reasonable and adequate remedies and limitations of any damages for any losses that may be incurred by you.
10. Acknowledgment. You acknowledge our exclusive right, title, and interest in and to the copyright and other commercial rights to any programs, systems data, data received or in our possession, Products, Confidential Information, or materials utilized or produced by us in the performance of the services or provision of Products called for in this Agreement.
11. Invoicing, Payment and Taxes. We will specify the amount and basis for the particular Product or Service on the applicable Products and Services Attachment. For a product with a one-time charge, payment is due on its receipt. You agree to pay as we specify in the invoice. You also agree to pay amounts equal to any applicable taxes resulting from any transaction under this Agreement. This does not include taxes based on our net income. You are responsible for personal property taxes for each Product from the date we ship it to you, by whatever means.
12. Applicable Law. You agree that the laws of the state of Colorado, without regard to conflicts of laws provisions will govern this Terms of Service Agreement and any dispute that may arise between you and Molly Seidel LLC or its affiliates.
13. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
14. Waiver. The failure of Molly Seidel LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Molly Seidel LLC must be in writing and signed by an authorized representative of Molly Seidel LLC.
15. Termination. Either of us may terminate this Agreement if the other does not comply with any of its terms, provided the one who is not complying is given written notice and reasonable time to comply. Upon termination of this Agreement in any manner provided herein, all the rights and licenses granted to you are terminated and you will immediately discontinue use of the Materials and promptly, at our option and upon our instructions, (i) destroy the Material under our supervision (or furnish us with an affidavit of such destruction sworn to by you, or a principal or officer of your organization), or (ii) deliver the Materials to us or our duly authorized representative.
16. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
17. Assignability. This Agreement is personal to the parties hereto and may not be assigned without the prior written consent of the other which consent shall not be unreasonably withheld; provided, however, that Molly Seidel LLC may assign this Agreement, without consent, to a successor organization, affiliate, or subsidiary.
19. Counterparts. This Agreement has been executed in counterparts and each such counterpart shall be deemed an original of the Agreement for all purposes.
20. Amendments. Except as set forth in Section 18, no provision of this Agreement may be amended or modified except by a written instrument executed by all parties to this Agreement.
21. No Presumption Against Drafting Party. This Agreement is to be construed without giving force to any presumption or rule requiring construction or interpretation against the drafting party.
22. Equitable Relief. Client agrees that in the event of a breach or threatened breach of this Agreement, Molly Seidel LLC may suffer irreparable harm for which it may not have an adequate remedy at law. Therefore, Molly Seidel LLC shall have the right to seek injunctive relief to enforce this Agreement, in addition to its other rights or remedies which may be available at law or in equity.
23. Enforcement Costs. In connection with any suit, action, or other proceeding, including arbitration or bankruptcy, arising out of or in any manner relating to this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and costs through and including all post-judgment and appellate levels.
24. Remedies Cumulative. Except as otherwise specifically provided under the terms of this Agreement, the remedies provided by this Agreement or presently or hereafter existing at law or in equity shall be cumulative and concurrent, and may be exercised as often as occasion for them shall occur. No single or partial exercise by either of us of any right, power, or remedy shall preclude any other or further exercise of such right, power, or remedy or of any other remedy.
25. Headings. The headings used within this Agreement are included solely for the reader’s convenience and reference. They have no significance in the interpretation or construction of this Agreement.
26. Impossibility. Should events beyond either part’s control, such as strikes by outside suppliers, acts of God, or civil disturbances materially affect either party’s ability to perform, this Agreement shall be terminated without prejudice.
27. Survival. Those rights and obligations of the parties under this Agreement which, by their nature do not terminate with the expiration or termination of this Agreement shall survive the expiration or termination of this Agreement.
28. Notice. All notices required or permitted under this Agreement shall be in writing and shall be deemed effective upon personal delivery, or overnight express delivery such as Federal Express, or upon deposit in the United States Post Office, by registered or certified mail, postage prepaid, addressed to the other party at the address shown above, or at such other address or addresses as either party shall designate to the other in accordance with this Section 28.
Agreed to and effective on the date set forth above.
Molly Seidel LLC Client:
By: __________________________ By:________________________
Molly Seidel, Owner
THIS IN-PERSON SERVICE ATTACHMENT (“Attachment”) is made a part of the Products and Services Agreement dated the ___ day of _______ 20__, between Molly Seidel LLC and _________________ (“Client”).
This Attachment and Exhibit “A” will cover the In-Person Services Molly Seidel LLC will provide to you.
This Attachment, Agreement, and its applicable Exhibits or Attachments is the complete agreement as set forth in Section 18 of the Agreement regarding these transactions, and replace any prior oral or written communications between us. By signing this Agreement, each of us agrees to the terms of this Agreement. Once signed, (1) any reproduction of this Agreement or an Attachment, made by reliable means (for example, photocopy or facsimile) is considered an original and (2) all Services you order under this Agreement are subject to it.
You agree to pay $200 per hour plus travel expenses for in-person services, based on your individual needs at the time. A retainer is required prior to the commencement of this service.
The specifics of your in-person services, including additional information of what Molly Seidel’s services will entail, the retainer fee, and estimated cost will be included as Exhibit “A” upon your completion of the form found on the link below.
“In-Person Energetic Cleanse”
My experience as an interior designer—both before and after the personal shift in my journey and the creation of The Creative Blueprint—has given me a unique perspective on recognizing energetic blockages and how to clear them before guiding my clients toward the best positive energetic changes to create within their home. If you’re looking for new, professional, and intuitive insight on how to best clear away the old energy of your living spaces, I also offer this In-Person Creative Energetic Cleanse.
This process may not be like anything else you’ve seen from an interior designer, because in addition to creating these courses and offering Creative Guidance Sessions over the phone, I also use The Creative Blueprint process myself within clients’ homes to personally help them clear out their old energy and call in the new.
This Creative Energetic Cleanse in your home is an in-depth, intuitive exploration of your sacred living spaces and includes my suggestions for what to clear and release, how to rearrange physical layouts, and what to bring into each room with new intention for turning your home into a positive, peaceful sanctuary where you can freely and creatively express your own authenticity.
For more information, including the process and pricing, please click here and complete the form for the creation of Exhibit “A.”
This Attachment and its applicable Exhibit shall be attached to and shall constitute a part of this Agreement as if fully set forth therein. In all other respects, the Agreement shall remain unchanged.
Agreed to and effective on the date set forth above.
Molly Seidel LLC Client:
By: __________________________ By:_____________________________
Molly Seidel, Owner