Vendor Club Terms and Conditions
AGREEMENT
This agreement (“Agreement”) is made and entered into on the date of signup (“Effective Date”) between and among Taryn Blake, hereafter referred to as “TB” or "Taryn Blake LLC" and owner of Vendor Club, and yourself (the signor) hereafter referred to as the “Client.”
The purpose of this Agreement is to set forth the details of the Parties relationship so that each are clear as to respective roles and how communication will take place so that the relationship will be positive, productive, and comfortable.
USE OF SERVICE. You must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Information provided on the Site and in the Service related to business education, mentorship and consulting, and other information are subject to change. Taryn Blake, LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Taryn Blake, LLC disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
TERMS. During the terms of this Agreement, TB agrees to provide access to Vendor Club services in accordance with the terms outlined herein. The services to be provided by TB to the Client are coaching or tele-coaching, in a group format, via the Vendor Club platform. The Client agrees that successes within the program may be used as marketing collateral and testimonials may be used. The Client allows for TB to share details of their success and process together, under TB discretion for creation.
Coaching and Educational Consulting, which is not advice, therapy or counseling, may address specific personal projects, business, or general conditions in the Client’s life or profession. Client is aware that TB and our guest educators do not solve medical issues nor treat disease and are therefore not a replacement for client’s therapist or physician. TB and our guest educators are also not a replacement for, or giving, legal advice.
Client understands that while sessions are prescheduled, conflicts may arise that warrant dates and times of the program to change. TB and our guest educators may make changes to the schedule if needed and are to inform all parties. Sessions will be recorded for viewing at any time.
Client understands that Vendor Club is an application-based membership and not every applicant will be invited to join. TB may remove members at any time, for any reason, but especially for being an unkind human to anyone else in the group. If you are removed from the group, you will receive a prorated refund and not be permitted to apply for membership for life.
METHODOLOGY. TB and our guest educators will employ a range of methodologies, including teaching, coaching and consulting. Client agrees to be open minded and partake in methods proposed, but is not required to nor limited to using the given teaching, coaching and consulting. Client understands that TB and our guest educators make no guarantees as to the outcome of the sessions or package.
PAYMENT. The Client will make payment through the Dubsado portal and all sales are final, except for a one-time money back guarantee. Clients beginning membership prior to the first session may watch the first live training and if no value is seen, may request a refund. If Client is joining Vendor Club after the first session, there is a 48-hour window to access recorded courses. If no value is found, Client may request a refund. After 48 hours of access to the full catalog of content, no refunds will be given. Client is not able to re-enroll in Vendor Club for one calendar year after the refund. Access will not be given until payment is made and membership will be revoked for non-payment. Client must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate.
Client understands that there are no prorated payments. Vendor Club dues are for a full year as content is recorded and accessible at any time, no matter when membership begins. If Client has opted for monthly payments, month one will be equal to the number of pre-recorded sessions the Client will have access to and all further months will be paid on a monthly basis.
USERS: Payment is for ONE access to Vendor Club and will be monitored via IP addresses. Please contact TB if you have multiple staff members who would like access. Sharing of login information is prohibited and will result in immediate removal with no refunds.
LIMITATIONS. In no event shall TB or our guest educators or suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials (if provided) or trainings. Additionally, Taryn Blake, LLC is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third-party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Taryn Blake, LLC has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Taryn Blake, LLC’s cumulative liability to you exceed the total purchase price of the product/service you have purchased from Taryn Blake, LLC and/or our websites, and if no purchase has been made by you, Taryn Blake LLC’s cumulative liability to you shall not exceed $100.
RECORDINGS. Client agrees to not independently record any portion of the coaching, consulting or meetings/sessions/documents. All individual, group calls and meetings may be recorded by TB for post-event viewing. Client agrees and consents to the recording of any calls, meetings, or conversations which take place as part of this Agreement. TB reserves all rights in any and all recordings and may choose to use them for whatever reason they deem fit such as, but not limited to, resale.
LEAVES. In the event that one (or more) of TB or our guest educators primary service provider(s)/representative(s) is required to take an emergency, maternity, or medical-related leave of absence during the term of this Agreement, the following terms apply: 1) TB agrees to notify Client of any cancelation or change; 2) TB may substitute a guest educator of equal value at our sole discretion.
DISCLAIMERS. By participating in coaching services, mentorship, and/or consulting, Client acknowledges that Taryn Blake and our guest educators are not a psychologist, therapist, medical doctor, attorney, or financial advisor, and services do not replace the care of other professionals.
TB and our guest educators may provide the Client with information relating to products they believe might benefit the Client, but such information is not to be taken as an endorsement or recommendation. TB and our guest educators are not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information or coaching provided.
TB and our guest educators may provide the Client with third-party recommendations. Client agrees that these are only recommendations and TB and our guest educators will not be held liable for the services provided by any third-party to the Client. TB may provide on its website, via email, or the program various affiliate links under which TB or a guest educator may benefit monetarily. TB in no way guarantees the quality of product or service provided by any third-party and bears no liability with respect to such service or experience.
Any testimonials, earnings, or examples shown through TB or our guest educators website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of this program and/or service. Client acknowledges that TB has not and does not make any representations as to the future income, sales volume or potential profitability or loss of any kind that may be derived as a result of use the programs, products or services.
INTELLECTUAL PROPERTY RIGHTS. In respect of the documents specifically created for the Client as part of this Agreement, TB maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of TB to the Client, nor grant any right or license other than those stated in this Agreement. For the purposes of this Clause, “Material” shall mean the materials, in whatever form, used by TB to provide the services and the products, systems, programs or processes, produced by TB pursuant to this Agreement.
INDEMNIFICATION. Each party shall indemnify, defend, and hold harmless the other, its current and former employees, or agents, from and against any claims, including third party claims, demands, loss, damage, liability, or expense (including attorney’s fees) relating to a) the negligence, recklessness, or willful misconduct of the indemnifying party or any party under direction or control of the indemnifying party, b) a material breach of this Agreement by the indemnifying party, or c) the damage, loss, or destruction of any property, profit, or revenue (both real or imagined) of the indemnified party, or its clients.
NON-DISPARAGEMENT. The Parties agree and accept that the only venue for resolving 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. Neither Client nor any of Client’s associates, employees or affiliates 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, TB, Vendor Club or any of its programs, affiliates, guest educators, subsidiaries, employees, agents or representatives.
DISPUTE RESOLUTION. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Pennsylvania or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) 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 decree in equity, as circumstances may indicate.
GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Pennsylvania, within the United States of America regardless of the conflict of laws principles thereof.
GOOD FAITH. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance and any termination of this Agreement.
ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. No representations, inducements, promises, or agreements which are not embodied herein shall be of any force or effect. This Agreement may not be modified, amended, varied, waived, explained, added to, extended, changed in any way, except by a written instrument executed by a person authorized to execute such an instrument on behalf of both the Client and the Coach.
The parties have caused this Agreement to be signed by their duly authorized representatives as of the Effective Date.