1. DESCRIPTION OF SERVICES. Book Coaches will provide the following services (collectively, the "Services"):
* weekly one-on-one video conferences with Elizabeth and Catherine
* weekly meditations aimed at tapping into your intuitive mind and discovering your most authentic writing voice
weekly worksheets covering mindset activities; mechanics instruction; mastering your mind and overcoming your inner critic
* book outline creation and refinement
* goal-setting a realistic timeline for writing the book
* ongoing critiques of your work throughout the process
2. PAYMENT. Payment shall be made to Two Sisters Writing and Publishing, Grosse Pointe Farms, Michigan. CLIENT shall pay all costs of collection, including without limitation, reasonable attorney fees. In addition to any other right or remedy provided by law, if you fail to pay for the Services when due, Book Coaches has the option to treat such failure to pay as a material breach of these Terms of Service, and may cancel these Terms of Service and/or seek legal remedies.
3. TERMINATION. BOOK COACHES MAINTAINS STRICT RULES ABOUT THE CONTENT THAT WE WORK WITH. OUR MISSION IS TO HELP YOU TO INSPIRE AND INFORM PEOPLE THROUGH YOUR BOOKS. THEREFORE, WE DO NOT AGREE TO WORK WITH ANY SUBJECT MATTER THAT IN OUR SOLE DISCRETION WE DEEM TO BE OFFENSIVE, INCLUDING, BUT NOT LIMITED TO, THAT WHICH DEPICTS OR PROMOTES VIOLENCE, HATE, RADICAL POLITICAL VIEWS, ILLEGAL ACTIVITIES, GRAPHIC SEX, OR GRITTY EXPOSÉS ABOUT CORRUPTION, OR ANYTHING ELSE THAT WE DEEM INCONSISTENT WITH OUR MISSION. IF CLIENT'S CONTENT CHANGES DURING THE COURSE OF OUR WORKING RELATIONSHIP AND FALLS INTO OUR INDICATED NON-ACCEPTABLE TERMS OF AGREEMENT/CATEGORIES, WE RESERVE THE RIGHT TO TERMINATE IMMEDIATELY WITH A REFUND FOR UNUSED SESSIONS.
ADDITIONALLY, WE MAY TERMINATE OUR WORKING RELATIONSHIP DUE TO IRRECONCILABLE WORKING CONDITIONS, INCLUDING BUT NOT LIMITED TO SEXUAL HARASSMENT.
4. WORK PRODUCT OWNERSHIP. All Book Coaches materials, including videos, worksheets, online materials, social media posts are the sole property of Book Coaches and may not be used without permission. No part of these materials may be reproduced, stored in a retrieval system or transmitted, in any form or by any means — electronic, mechanical, photocopying, recording, or otherwise — without prior written permission from Two Sisters Writing and Publishing, except for the inclusion of brief quotations in a review.
5. WARRANTY. Book Coaches shall provide its services and meet its obligations under these Terms of Service in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Book Coaches' community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to Book Coaches on similar projects.
6. DEFAULT. The occurrence of any of the following shall constitute a material default under these Terms of Service:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Services in the time and manner provided for in these Terms of Service.
7. REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of these Terms of Service (including without limitation the failure to make a monetary payment when due), the other party may terminate these Terms of Service by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 10 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of these Terms of Service.
8. FORCE MAJEURE. If performance of these Terms of Service or any obligation under these Terms of Service is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lockouts, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates. WE WILL REFUND UNUSED SESSIONS ONLY.
9. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute out of or relating to this Agreement through friendly negotiations amongst the parties. Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
10. ENTIRE AGREEMENT. These Terms of Service contain the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of these Terms of Service.
11. SEVERABILITY. If any provision of these Terms of Service will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of these Terms of Service is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
12. GOVERNING LAW. These Terms of Service shall be construed in accordance with the laws of the State of Michigan.
13. NOTICE. Any notice or communication required or permitted under these Terms of Service shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
16. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of these Terms of Service shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of these Terms of Service.
17. ATTORNEY'S FEES TO PREVAILING PARTY. In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney's fees and costs, both in the trial court and on appeal.
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