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THE COLLECTIVE AGREEMENT
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Effective Date: Mar 13, 2025
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PURPOSE OF THE AGREEMENT
This is an Agreement between Nicole Brennan (“Coach”) and (“Client”) for ongoing coaching services via an exclusive membership program. This Agreement has been reached after an offer and acceptance was made to Client and in exchange for adequate consideration.
Coach provides Client with education, tools, and experiences to support Client’s journey in releasing limiting beliefs, shifting mindset, and ultimately building a fulfilling life. Coach offers an ongoing and exclusive monthly membership program that provides networking opportunities, educational workshops, and other support to clients (known as the "Program" or “Group Membership Program”). The purpose of the Program is to form a coaching relationship between the Coach and the Client, as well as a group networking experience between Client and other members of the Program (Known as "Program Members"). This will be done through interactions between the Coaches, Client, and other members throughout the Term of this Agreement.
This is an ongoing Group Membership Program. Client wishes to join the ongoing Group Membership Program, currently known as "The Liberation Code Collective", and hire the Coach to provide services relating to the Program, as detailed in this Agreement. The Coach has agreed to provide such services according to the Agreement. Coach agrees to provide Client with the Program in exchange for payment and performance of Clients Responsibilities (hereinafter defined).
By signing this Agreement, Client hereby acknowledges all policies and procedures contained within this document, including the promise to make all payments due and owing under the Agreement, and expresses assent to the following terms:
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TERMS OF AGREEMENT
- SERVICES
Coach shall provide Client with the following Services during the Term of Agreement:
Group calls and/or educational workshops (“Coaching Call(s)”).
Access to a designated group chat container ("Group Chat").
Coach may, at her discretion and option, include access to a resource library ("Online Learning Portal").
Coach may, at her discretion and option, include additional Services above and beyond that listed.
Please Note: Access to Coach will be available within the Coaching Calls she facilitates. While Coach may review and respond to communications within the Group Chat from time to time, it is not a requirement of this Program that she does so.
Please see Section 5 for the full details of the Program Services.
02. TERM OF AGREEMENT
Program Start Date:
Program End Date: This is an ongoing Program. The Program is a monthly membership subscription service that has no specific end date.
Cancellations: In order to exit the Program and cancel Client’s ongoing subscription to the Program (“Cancellation”), Client shall notify Coaches in writing via email at least seven (7) days prior to their next payment due date to ensure Client is removed from the billing system prior to the next Billing Cycle (defined in Section 3 below). Client may also self-cancel their subscription using the software provided. Cancellation of the ongoing subscription will result in the removal of access to all Program Services.
03. COST, FEES, AND PAYMENT
Fee: The monthly fee ("Monthly Fee") for the Program is: $99.00 USD
First Month Free: Client will receive the first month of access to the Program as complimentary ($0.00) ("Complimentary Period") . As such, the first monthly fee will be charged one month after Program Start Date.
The Monthly Fee will be billed to the Client once per month (the “Billing Cycle”) for the duration of Client’s participation in the Program.
Please note that the Complimentary Period begins from Program Start Date, and access to the Program will only be granted after Agreement is signed, and so as such, if Agreement is signed after Program Start Date, Clients Complimentary Period will be reduced in duration as a result. First Monthly Fee due date is fixed regardless of when Agreement is signed or when Client gains access to the Program.
Client authorizes Coaches to charge the credit card or account for the initial Monthly Fee, as well as all future payments of the Monthly Fee throughout the duration of Client’s participation in the Program. Client hereby acknowledges Client does not require separate authorization for each payment of the Monthly Fee.
If any payments fail, Client agrees to remedy the situation immediately (ie. update Client’s payment information, provide a new credit card, and/or make all past-due payments within 5 business days) or else Client forfeits his/her right to access the Program. The Client shall not threaten or make any chargebacks of the Monthly Fee account or cancel the credit card that is provided as security without the prior written consent of Coach. Coach reserves the right to collect any and all monies owed by Client to Coach for the Program, by any means necessary within the parameters of the law. The Client shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, Coach reserves the right to report the incident to credit reporting agencies as a delinquent account.
Late Payments: Coach understands that, from time to time, there are issues with payment. Any payments not received within ten (10) days of their due date will result in Client’s breach of this Agreement and may result in termination of Coaching Services as per the Termination clause (See Section 9 of this Agreement).
Currency: All prices listed are in $USD.
04. DISCLAIMERS + COACHING DEFINITION
For the purposes of the Program, the Coach is not an: Employee, manager, lawyer, personal social media manager, personal marketing manager, legal advisor, accountant, bookkeeper, psychiatrist, psychologist, therapist, hypnotherapist, health coach, doctor, nurse, medical health advisor, medical professional, health care provider, public relations manager, personal brand advisor, counselor, a licensing board, business operations manager, financial advisor, financial analyst, business executive, or other agent of Client’s business, professional life, or personal life. Client understands that coaching is working with the Coach to help Client shift their mindset and thinking in order to better make decisions sourced from self.
Coaching Services Defined: The Coach is a mindset, empowerment, and embodiment coach and offer Coaching Services in the form of Mindset, Empowerment, and Embodiment Coaching (herein collectively referred to as "Coaching Services"), and offer Coaching Services to the group as part of the Program. Coaching Services is tailored personal development geared towards helping Client discover his/her own sense of confidence, purpose, and/or potential.
Note: The Program is a group membership and, as such, Coaching Services (even if individualized for Client) will be delivered as part of the group Program container (ie. during group Coaching Calls, or given as feedback in the Group Chat, or within the Online Learning Portal). Coach is not required to provide one-on-one Coaching Services as part of the Program. Coach may choose to communicate with clients privately from time to time, but is not required to do so. Coach is also not required to provide Coaching Services as part of the Program's Group Chat.
The Coach may offer her opinions or suggestions regarding decisions, but it is the sole responsibility of Client to make the final decision and choose the best option for his/herself. Client acknowledges that Coach takes no responsibility for any actions whatsoever of the Client. Coach takes no responsibility for any information, activities, or suggestions given to Client within any portion of the Program and/or Services, delivered in any form, such as pre-recorded or pre-created materials, or as a live interaction either within or outside of the Program. Client acknowledges that they are not responsible for completing any actions or portions of the Program which they are not comfortable with and take full responsibility for all of their actions. Although the Coach may offer Client tools to help improve all aspects of Client's life, the Coaching Services in this Program are specific and limited in nature, as per Section 5 of this Agreement.
Coach takes no responsibility for any information, activities, or suggestions given to Client by any guest coaches, experts, speakers, lecturers, agents, teachers, or otherwise, collectively referred to as "Guest Speakers", which appear within any portion of the Program and/or Services, delivered in any form, such as pre-recorded or pre-created materials, or as a live interaction either within or outside of the Program. Client takes full responsibility for any action or decisions that are made as a result of information or activities delivered or presented by Guest Speakers.
Additionally, Coach takes no responsibility for any communication within the Program and/or Services made by other Program members. Client takes full responsibility for any action or decisions that are made as a result of information or activities delivered or presented by other Program members. Coach is in no way responsible for any communication made within the Program by other Program members or any communication made outside of the Program by other Program members.
Coaching Services Do Not Include: 1) one-on-one coaching; 2) procuring business or potential clients for Client; 3) performing any business management services for Client, such as social media marketing, brand advising, accounting, operations, research, or development; 4) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 5) publicity, public relations and/or social media marketing services; 6) legal or financial advice; 7) introduction to Coach’s professional network and business relationships; 8) medical advice, medical treatment, psychiatric expertise, or mental health counseling; 9) providing Client with qualifications to provide any services.
Client hereby acknowledges that Client is solely responsible for the amount and type of results that Client generates by implementing techniques and advice provided by Coaches. Client agrees that he/she is solely responsible for any personal decision and indemnifies Coaches from any liability regarding said decision. Similarly, Client also agrees that he/she is solely responsible for any decision to leave his/her relationship, living environment, marriage, or making any other personal decision, and indemnifies Coaches from any liability regarding said decisions.
Breathwork, Embodiment, and Subconscious Disclaimer: By signing this agreement, Client agrees to engage Coaches and/or Guest Speakers to provide certain services, which may include holistic practices and techniques, such as, but not limited to, breathwork techniques, embodiment coaching, and subconscious work. Breathwork is defined by Merriam-Webster dictionary as “conscious, controlled breathing done especially for relaxation, meditation, or therapeutic purposes”; and embodiment coaching is assisting Client to release blockages by working somatically with the physical body. Subconscious work is experiential coaching that reprograms beliefs held in the subconscious by entering the subconscious. The subconscious is non-linear. Client hereby acknowledges that breathwork, embodiment coaching, and subconscious work are not substitutes for medical or professional care, as breathwork, embodiment coaching, and subconscious work neither diagnose nor treat any medical or mental conditions. Instead, breathwork, embodiment coaching, and subconscious work provide tools for you to utilize to complement your medical or other professional treatments, if required. It is at the discretion of Client to partake in the use of these tools as part of the Program.
If any medical symptoms arise, persist, or progress, even acutely, you hereby agree to inform your licensed medical service provider immediately and seek medical attention. You also hereby agree to notify Coach with any updates to your medical condition after beginning Services or Program. Nothing in the Services or Program shall be construed as a substitute for the treatment or advice of a doctor or other licensed medical professional, and your use of Services or Program should be approved by a licensed medical professional if necessary for your individual circumstances. Coach is not required to ensure you have professional approval for use of Services or Program. You also hereby agree to indemnify Coach of any physical or mental health issues that may arise, persist, or progress, whilst working with, or after working with, Coach. Client agrees that he/she is solely responsible for any personal and/or professional decisions and indemnifies Coach from any liability regarding said decision. If at any point during the Services you feel any adverse effects from any of the Services or Program, and/or the techniques defined above or otherwise, as part of the Services and/or Program, Client hereby agrees to immediately cease activity and disclose said effects to both your Coach and your licenced medical service provider.
In order to get medical advice, Client must see a doctor. Coach does not represent the Services as any form of health care or psychotherapy, and despite research to the contrary, by law Coach makes no health benefit claims for said Services. However, these holistic practices are client-centered disciplines to assist Client to accomplish their goals, whatever they may be, using the Services described above. Nevertheless, the Services may not be regulated by any government or administrative body. Coach also does not provide any type of therapy services, despite the word “therapeutic” being included in the common definition of breathwork; the type of Services utilized by Coaches are non-therapeutic in nature and are designed to supplement treatment and/or advice from licensed medical and mental health providers.
Results Disclaimer: Client also acknowledges that Coaches cannot and do not guarantee that implementation of the Coaching Services and Program will provide Client with an ideal resolution and/or perfect life.
05. COACHES RESPONSIBILITIES
Coach promises to offer Coaching Services (as defined in Section 4) as part of the Program.
Coaching Services include:
Group calls and/or educational workshops (“Coaching Call(s)”)
Group calls are typically hosted bi-weekly. Upcoming call schedule will be made available to Client. Group calls will be facilitated by one or more Coaches and/or Guest Speakers. Coaching Calls will typically span a duration of 60 - 120 minutes.
Access to a designated group chatroom ("Group Chat") with Coach and other Program members.
The Group Chat is designed for networking and community building with other members of the Program. It is not a requirement of the Coach to respond, monitor, provide coaching, give feedback, or answer questions within the Group Chat, though this may happen from time to time at the Coach’s discretion and availability.
Coach may also elect to offer access to a resource library ("Online Learning Portal")
The Online Learning Portal, if provided, will feature recordings of a selection of workshops taken from Coaching Calls within the Program. Content within the Online Learning Portal, if provided, can change from time to time, and Coach is not required to provide Client with content no longer available in the Online Learning Portal. Coach may upload additional educational content to the Online Learning Portal from time to time.
Please note that not all Coaching Calls will be made available for replay within the Online Learning Portal. Any Coaching Calls which are not uploaded into the Online Learning Portal may be shared to Members via the Group Chat. Clients will not have permanent access to the replays, or Online Learning Portal.
The Coaches will use the following techniques to assist the Client:
Identifying processes to organize, establish and narrow down Client’s goals and ideas;
Providing Client with various personality test perspectives to better understand their thought-processes, tendencies, and traits;
Questioning and listening techniques;
Assignments and exercises to help Client build new thought patterns and habits;
Introducing systems, models, and processes to educate Client;
Providing accountability, guidance, challenge, support, and encouragement.
06. CLIENTS RESPONSIBILITIES
Coach’s Program has been developed for educational purposes only. Coach has established her proprietary Program in order to educate and inspire Client to pursue his/her personal and entrepreneurial goals. However, Client hereby acknowledges that Coach does not guarantee Client’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Program. Client accepts and agrees that Client is 100% responsible for his/her results from the Program. Client acknowledges that, as with any investment, there is an inherent risk associated. As such, Client agrees there is no guarantee that Client will attain his/her goals by simply completing the Program.
Nevertheless, Client acknowledges that he/she can optimize any potential results from the Program by adhering to the following:
Completion of all Program material, including assignments and worksheets, if applicable;
Utilization of the community within the Program container;
Utilization of feedback from Coach and other Program members;
Completion of all assigned work, if any;
Committing to the Program;
Attending each Coaching Call at the scheduled date, on time and focused;
Watching all Coaching Call recordings for the sessions which could not be attended live;
Taking 100% responsibility for Client’s results, 100% of the time.
The Client acknowledges that the Client takes full responsibility for all of the Client’s personal and business related actions, all business and legal decisions, all finances and financial decisions, and all decisions made during and after this Program, and all of its resulting repercussions. All legal compliance is the responsibility of Client. Coach is in no way responsible for the actions of Client.
07. SCHEDULING AND RESCHEDULING POLICY
A big component of success is discipline and commitment. In order to achieve optimal results under this Program, Client should commit to attending the Coaching Calls. However, as this Program is a group container (with students attending from various time zones), Coaching Calls cannot be rescheduled if Client cannot attend. Failure to attend any Coaching Call during the Program shall result in Client’s forfeiture of that call with no money back.
08. REFUND POLICY
All sales are final for this Program. Due to the inherent nature of educational programs and the electronic transmission of same, there are no refunds once Agreement is signed. For instructions on how to cancel Client’s subscription to the Program, please see Section 2. No Cancellations or refunds will be applied retroactively.
09. TERMINATION
Coach is committed to providing quality service to all Clients. However, from time to time, situations arise that require the Coaches to terminate the Agreement before the Term ends. As such, Coach reserves the right to terminate the Agreement “for cause” at any time during the Agreement, which includes, but is not limited to, the following causes: 1) Client fails to follow Program guidelines; 2) Client is abusive or harasses Coaches or other Program Members; 3) Client refuses to pay or does not pay within the schedule outlined within Section 3 of this Agreement; 4) Client proves to be difficult to work with; 5) for any other legitimate business purposes in the best interest of Coach; or 6) Payments are not received within ten (10) days of their due date. If any of the following causes trigger Coach to terminate the Agreement, Client is still liable to pay the Monthly Fee for the current month.
Client dissatisfaction with Coach’s’ subjective teaching style, independent judgment, methods, or other techniques are not valid reasons for a request of any monies returned to Client. Even if Client does not complete all portions of the Program, Client is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the Program and executing this Agreement.
10. CONFIDENTIALITY, INTELLECTUAL PROPERTY, LIMITED LICENSE
Confidential Information: Coach takes pride in her proprietary information included in the Program. As such, Client agrees and acknowledges that all Confidential Information shared through this Program and by the Coaches is confidential, proprietary, and belongs exclusively to Coaches. “Confidential Information” includes, but is not limited to:
Any systems, sequences, processes or steps shared with Client;
Any methods, ideas, or concepts shared with Client;
Any information disclosed in association with this Agreement;
Any trade secrets in connection with the Program or Coaches business practices;
Any communication within the Coaching Calls;
Any communication within the Group Chat;
Any communication within any private channel;
Client shall not copy, publish, transmit, transfer, sell, create derivative works from, reproduce, or in any way exploit any of the Confidential Information described within this section in either whole or part without prior written consent.
Client Confidential Information: Coach also agrees to protect “Client Confidential Information,” such as personally-identifiable information, financial records, business and/or trade secrets, and proprietary information, where applicable. However, Client acknowledges that this Program is a group container and, as such, certain Client Confidential Information will inherently be disclosed by Client to the other members in the Program (ie. when Client asks for feedback on Client’s life, or when Client shares personal information within the Program whether in the Online Learning Portal, Group Chat, and/or on Coaching Calls).
Member Confidential Information: Due to the nature of the group membership Program, Client will be privy to the confidential information belonging to other members of the group membership Program (“Member Confidential Information”, is hereinafter defined as personally-identifiable information, financial records, business and/or trade secrets, and proprietary information). Client hereby agrees to maintain confidentiality of the Member Confidential Information during and after the Term of this Agreement.
Testimonials: From time to time, Coach may use general statements about Client’s success as social proof and part of its marketing strategy. By signing this Agreement, Client agrees to Coaches publicly or privately sharing Client’s success stories as testimonials.
Recordings: Client understands and gives consent to all Coaching Calls being recorded as part of the Program Services. Client understands and gives consent that these recordings can be shared with past, current, and future Program Members. Client understands and gives consent that some recordings may be shared outside of the Program for promotional or educational purposes.
Intellectual Property: This Program, content, and products, contain Intellectual Property owned by Coach. This agreement is also Intellectual Property owned by Coach. Other examples of Intellectual Property can found on Coach’s website, marketing, and within Coach’s products and Services include, but are not limited to: trademarks, service marks, layout, logos, business name, design, text, written copy, certain images, podcast recordings, videos, audio files, and all our paid products (Collectively referred to as "Intellectual Property"). Client shall not copy, publish, transmit, transfer, sell, create derivative works from, reproduce, or in any way exploit any of the Intellectual Property owned by Coach’s described within this section in either whole or part without prior written consent.
Limited License: Coach grants only a limited, personal, non-exclusive and non-transferable license to Client to use the Intellectual Property for Client’s personal use only. You acknowledge that any and all products or Services that you download or view are for your own personal and/or internal business use only. You shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent.
If the Client is also a business owner in a similar industry, Client must not misappropriate, under any circumstances, any of Coach's intellectual property and proprietary information in the following manner:
Teaching Client’s personal clients any of the information, methods, solutions, or formulae owned by Coaches and passing it off as his/her own;
Copying any of the Coaches course material for Client’s personal use;
Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Coaches in either whole or part without prior written consent
Non-Solicitation: Client shall not for the term of agreement, or thereafter, encourage or solicit any employee, independent contractor, vendor, or client, of Coach, to leave or terminate their relationship with Coach.
Permitted Use: All content, deliverables, recordings, communication, and knowledge delivered to the Client is known as "Program Content".
Coach grants to the Client a non-exclusive license of the Program and Program Content with and for the Client for personal use only. Personal use includes, but is not limited to, use within the following contexts:
Client may not copy, duplicate, distribute, republish, or incorporate the Program or Program Content or allow others to copy, duplicate, distribute, republish or incorporate or use the Program or Program Content, publicly or privately, under any circumstances.
Client may not crop, distort, manipulate, reconfigure, mimic, animate, create derivative works or extract portions or in any other manner, alter the Program or Program Content. All copyright, trademarks, design rights and other intellectual property (registered and unregistered) shall remain vested in Coaches. The Client agrees that such proprietary material is solely for Client’s own personal use.
Any disclosure to a third party, copying or republishing any portion of the Program or Program Content is strictly prohibited and constitutes infringement.
11. RELEASE OF RELATED CLAIMS
The Client expressly assumes the risks of the Program or Services, whether or not such risks were created or exacerbated by the Coach. The Client releases the Coach, his/her heirs, executors, administrators and assigns, its officers, directors, shareholders, employees, teachers, lecturers, agents, coaches, guest speakers, family, and staff (collectively, the "Releases") from any and all liability, damages, causes of action, allegations, suits, sums of money, claims and demands whatsoever, in law, admiralty or equity, which against the Releases, the Client ever had, now has, or will have in the future against the Releases.
12. CHANGES AND VARIATIONS
Unless otherwise provided herein, Client shall pay additional charges for all changes requested by Client which are outside the scope of the Services on a per request basis, at an amount separately agreed upon in writing in advance of the change. Such charges shall be in addition to all other amounts payable under this Agreement despite any maximum budget, contract price or final price identified therein. Coach may extend or modify any delivery schedule or deadline as required by such Changes.
Changes to Program Services may be made by Coach from time to time, and is at the sole discretion of the Coaches.
13. IMPOSSIBILITY + FAILURE TO PERFORM SERVICES
Notwithstanding the above, either Party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party, such as, but not limited to:
A natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or
War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
In the event Client is excused from further performance obligations in any or all parts of this Agreement, Client is still liable to pay the current billing cycle within the Agreement unless otherwise excused in writing by the Coach.
In the event the Coach cannot or will not perform their obligations in any or all parts of this Agreement, it (or a responsible party) will:
Give Notice to Client via email; and
Issue a refund or credit based on a reasonably accurate percentage of Services rendered.
14. INDEMNIFICATION + LIMITATION OF LIABILITY
Client hereby acknowledges that neither Company nor their agents (ie. coaches, team members, Supporting Coaches, or Guest Experts) are liable for any injuries or consequences that may arise from Client’s personal decisions based off of Clients’ participation in this Program, including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Client’s business decisions, any of Client’s financial decisions, any of the Client's personal decisions. Client hereby agrees to indemnify and hold harmless the Company, Coach and Program of any claims that may arise during or after participation in the Program.
Non-Disparagement: Client agrees not to make public defamatory statements, in any form whatsoever, that would materially harm the reputation or business activities of Coach or Company. Client agrees to not engage in any conduct or communication with a third-party, public or private, in any form whatsoever, which can directly or indirectly disparage Coach or Company.
15. GENERAL PROVISIONS
Execution: This Agreement may be signed in counterparts. Client understands and accepts that signatures sent via facsimile, email, or electronic signatures shall be deemed valid and legally binding.
Maximum Damages: Client agrees and acknowledges that the maximum amount of damages that Client may be entitled to in any claim arising from this Agreement or Program shall not exceed the total cost of the Program.
Amendments: We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.
Headings: Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect.
Entire Agreement: This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
Agreement: Client will be seen to have accepted and agreed to all Terms of Agreement in their entirety when they have signed the agreement and/or rendered full or partial payment.
All Rights Reserved: All rights not expressly granted in this Agreement are reserved by us.
Governing Law: Free Your Mind LLC is located in the United States and is subject to the applicable laws governing the United States. The governing law for this agreement is the laws of California.
Merger: All earlier and contemporaneous negotiations and agreements between the Parties on the matters contained in this Agreement are expressly merged into and superseded by the Agreement. By agreeing to this Agreement, Client releases rights to all previously held, currently held, or future related claims from any previous Agreements.
Arbitration: Any disputes arising under this Agreement shall first be resolved through a binding arbitration.
Severability: If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.Â
All Terms Accepted and Agreed to By:
By submitting your name and email address, you agree to above listed terms and conditions.