User Agreement for THE EMBODIED BOSS LEADERSHIP ACADEMY

IMPORTANT: Read this agreement carefully. By initialing and signing below, you acknowledge that you have read, agree to, and accept all of the terms and conditions contained in this Agreement.

Modifications to this Agreement must be submitted in writing and require the agreement of all parties.

This Agreement (“Agreement”) is a legal and binding contract between: 

Kristin ‘Kiki’ Lovelace 

2800 Adeline Street Berkeley CA 94703 

kiki@kikilovelace.com 

(The Thriving Studio Owner Program, Inc.) 

− and – 

(, an individual) 

Collectively the “Parties” 

WHEREAS, The Thriving Studio Owner Program, Inc. is engaged in the business of leadership and business coaching services; 

and

WHEREAS, You desire to engage The Thriving Studio Owner Program, Inc. to provide business coaching services to you in the form of the program mentioned above via Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation (the “Program”) 

NOW, THEREFORE, the Parties agree as follows: 

SECTION 1: Membership and Program Fees 

1.1 Programs: Under the terms of this Agreement, The Thriving Studio Owner Program, Inc. agrees to provide business coaching services to you in the form of Webinars, Audio and/or Visual Presentations, and/or periodic personal coaching and evaluation (“Program(s)”) in exchange for a Program Fee. The business coaching services (“deliverables”), are listed below. If the delivery of business coaching services is delayed 30 days or more from the date this contract is signed, or if you need to pause deliverables for 30 days or more, an updated contract may be required. Any changes to the Program deliverables in the updated contract will be documented; the Program Fee will remain unchanged.

Specifically, the Program deliverables depend upon the payment option selected, and are as follows:

The Embodied Leadership Academy includes: 

• 11 group coaching calls delivered over a 12 month period (Kiki is off the entire month of July each year)
• Instant Lifetime Access (and any future updates) to two of our signature online courses SCALE SCHOOL Pre-Work (including a video training and workbook to help you clarify you income and lifestyle goals) and The Embodied Leadership System, with modules on hiring, company culture, systems creation, communication and leadership, as well as sample documents and spreadsheets you can plug and play into your business for an immediate upgrade
  
• 12 Months of Membership in the EMBODIED BOSS Facebook Group with Q&A support for your leadership, communication, team and HR questions. Please note Kiki checks the group to answer questions 1-2 times a day during her work hours, generally M-Th, 3 weeks per month. (Kiki is off the entire month of July each year and doesn't offer Q&A support that month)
• {Pay-in-Full Clients Only} Four Bonus 60-Minute 1:1 Calls with Kiki, delivered at the rate of one per quarter over the course of 12 months ($8888 value)

Program Fees will be determined according to paragraph 1.2. below. Your access to such Programs is made conditional on payment of such Program Fee.

1.1.2 Term: The Term of this Agreement will commence upon your acceptance of this Agreement and payment of the applicable Program Fee. You agree and understand that upon commencement of the Term of this Agreement, you will become enrolled in The Embodied Leadership Mastermind of the Thriving Studio Owner Program, Inc., with a start date of November 1, 2024 and an end date of October 31, 2025

1.1.3 Termination: The Thriving Studio Owner Program, Inc. may terminate this Agreement at any time at its discretion by providing notice to your email address as listed in this Agreement. The provisions in Paragraphs 3.1, 3.2, and 4.4 below will survive the termination of this Agreement.

1.2 Program Fees: By accepting the terms of this Agreement, you commit to pay The Thriving Studio Owner Program, Inc. according to the payment options and schedule selected and authorized by you on our product checkout page: 

• Pay In Full: One (1) payment of $7777 for use of the Program, OR
• Payment Plan: 12 payments of $777 each on the same each month for 12 months

You authorize The Thriving Studio Owner, Inc. to accept the payment above, as payment for the Program you are enrolling in. Furthermore, you agree you are responsible for the full payment, regardless of whether you fully complete the Program, and regardless of the results you achieve as part of this Program.

If, for any reason, you choose not to continue or choose to stop participating in the Program, you will continue to be financially liable for the fees of this program. You understand and agree that you will immediately move forward with the financial commitment for the Program even if you choose not to participate..

You understand and agree that payment plans are to be paid on time, all the time. No exceptions. It is your responsibility to make those payments and make those on time. If for any reason you are not going to be able to make a payment on time, it is your responsibility to proactively reach out to support@kikilovelace.com and let the team at The Thriving Studio Owner Program, Inc. know at least four (4) days prior to the due date. 

You understand that the team may approve an extension but must have time to do so, thus the importance of contacting the team at least four (4) days before the payment due date. 

You further understand that this can only be done one (1) time during any payment plan and the extension is exactly seven (7) days from original payment due date. 

For any reason, if that payment is missed or late, you understand that you will be removed from the program and forfeit all program benefits. You have seven (7) days from the extended payment due date to get your account paid in full. If this does not happen, you will be removed from all Program assets and deliverables. This means that you will be removed from all active social media groups and communities and blocked from participating in any future programs.

1.3 No Refunds: The Thriving Studio Owner Program, Inc. maintains a strict, no refund policy. By accepting the terms of this Agreement, you forgo he right to claim any refund of fees paid for access and use of the Program(s) offered by The Thriving Studio Owner Program, Inc.

You further acknowledge that you agree and understand that the Program deliverables enumerated in Section 1.1 are often (though not always) frontloaded. For example, if you invest in a Program that includes access to a 20-hour e-Course and one 30 minute coaching session over a 3 week time period, you will have access to the 20-hour e-Course (most of the content of the Program) immediately on your agreed upon start date.

Therefore, you acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program, you will under no circumstances request a refund during or after the Program.

SECTION 2: NO WARRANTIES 

2.1 Success not Guaranteed: By accepting the terms of this Agreement, you agree and understand that The Thriving Studio Owner Program, Inc. provides Program(s) related to business coaching only and guarantees no specific results, monetary or otherwise. Outcomes depend on many factors unique to your circumstances, some of which you and/or The Thriving Studio Owner Program, Inc. may not be able to anticipate. You agree that The Thriving Studio Owner Program, Inc. is not responsible for your success or lack thereof. Your reliance on any information provided is done at your own risk. 

Furthermore, you are solely responsible for doing your own due diligence when it comes to making business decisions and all information that has been provided should be independently verified by your own qualified professionals including checking with your accountant, lawyer, and/or professional advisor, before acting on this or any information.

2.2 Limited Liability: In no event will The Thriving Studio Owner Program, Inc. be liable to you or any party related to you for any damages, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products, liability or otherwise, even if The Thriving Studio Owner Program, Inc. has been advised of the possibility of such damages. This limitation shall be applied to the greatest extent enforceable under applicable law.

SECTION 3: Confidentiality 

3.1 Authorized Users: Only authorized users, who have duly obtained access to any Programs offered by The Thriving Studio Owner Program, Inc. by personally agreeing to the terms of this Agreement, are permitted to use and participate in such Programs. Except as expressly authorized by this Agreement, you shall not provide or make available any Documentation, Video, Audio, or any login credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement. 

3.2 Intellectual Property: You acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the Program are the sole Intellectual Property of The Thriving Studio Owner Program, Inc. under United States copyright, trademark and other intellectual property laws and international treaties. You further acknowledge and agree that, as between you and The Thriving Studio Owner Program, Inc., The Thriving Studio Owner Program, Inc. and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation, and other elements, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you in writing herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Program, or any other intellectual property rights of The Thriving Studio Owner Program, Inc., whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that The Thriving Studio Owner Program, Inc. uses in connection with services rendered by The Thriving Studio Owner Program, Inc. are marks owned by The Thriving Studio Owner Program, Inc. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.

3.3 Definition of Confidential Information: For purposes of this Agreement, "Confidential Information" refers to any information, whether verbal or written, that is not publicly known and that is disclosed or accessed through this Agreement. This can include but is not limited to trade secrets, business plans, marketing strategies, customer lists, financial data, research, development plans, and proprietary methodologies related to the Program.

3.4. Confidentiality: The Thriving Studio Owner Program, Inc. agrees not to disclose, reveal or make use of any Confidential Information learned of through our transactions, during coaching sessions or otherwise, without your written consent. Kiki shall keep your strictest confidence and shall use her best efforts to safeguard your Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. 

Likewise, you agree to hold your coaching fees in confidence and not to disclose, reveal or make use of any Confidential Information learned of through our transactions, during our coaching sessions or otherwise, without the written consent of Kiki Lovelace, principal at The Thriving Studio Owner Program, Inc.

SECTION 4: Miscellaneous 

4.1 Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Program(s) offered by The Thriving Studio Owner, Inc., you affirmatively agree and acknowledge that The Thriving Studio Owner, Inc. may at any time reproduce and/or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, your experience participating in such Program(s), including any specific results experienced by you over the course of such participation, without any compensation to you. You agree and acknowledge that this includes any written statements you may publish to any social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Program(s). You further represent that any such statements or testimonials that you make shall be correct, accurate and truthful. 

4.2 Consent to Publish Identifying Information: While The Thriving Studio Owner, Inc. makes every effort to remove identifying client information from Audio and/or Visual Presentations, Documentation, and other elements, there are occasional instances where your image, likeness, name or other identifying information may appear in such elements listed above. By accepting the terms of this Agreement, you agree and acknowledge that The Thriving Studio Owner, Inc. may at any time reproduce your image, likeness, name, or other identifying information in Audio and/or Visual Presentations, Documentation, and other elements, which are subject to intellectual property rights under copyright, trade secret, patent, or trademark laws. For example, your image and name may appear in a recording of a Video Conference call that is edited and distributed for sale. 

4.3 Canceled or Rescheduled Sessions: You agree to provide twenty-four (24) hours notice to reschedule private coaching sessions, and that barring an unexpected emergency (as defined by the sole discretion of the Thriving Studio Owner, Inc.), missed sessions cannot be rescheduled.

Furthermore you agree to take responsibility for scheduling all sessions due within the calendar month. Failureto schedule your sessions during the month they are due will result in forfeiture of those sessions; no makeups or rollover sessions are provided. 

4.4 Contract Breach: You understand that a breach of this Agreement is defined as: The Thriving Studio Owner Program, Inc’s failure to deliver package inclusions within the program dates or any failure by you to fulfill your obligations under this Agreement.

 4.5 Non-transferability: The rights and obligations under this Agreement are personal to you. You may not assign or transfer any rights or obligations under this Agreement. 

4.6 Indemnification: You will, at your own expense, defend, indemnify, and hold The Thriving Studio Owner Program, Inc., its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.

4.7 Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between you and The Thriving Studio Owner Program, Inc. concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding you may have had with The Thriving Studio Owner Program, Inc. relating to the Program, whether oral or written. 

4.8 Severability Clause: Should any provision of this Agreement be determined to be void, invalid, unenforceable or illegal for whatever reason, such provision(s) shall be null and void; provided, however, that the remaining provisions of this Agreement shall be unaffected thereby and shall continue to be valid and enforceable. 

4.9 Attorney’s Fees: If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled. 

4.10 Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States of America and the State of California. 

BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.

Signed,

Kristin Lovelace

CEO of The Thriving Studio Owner Program, Inc.

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