Terms of Service for VIP Day

This agreement is between you ("Client") and Michelle Mullen Creative, LLC ("MMC"), each herein a “Party” and collectively referred to as “The Parties.” MMC provides website design services, packed under VIP Day. Client wishes to utilize MMC’s services under the conditions and provisions set forth herein.

Scope of Services. MMC will be engaged to provide website design services (”the Services”) to Client. This includes a 1-hour Pre-VIP Day strategy call, up to 8 hours on assignments to be determined by Client on the scheduled VIP Day, up to 1 hour of revisions no later than three days after the VIP Day, and 30 days of Post-VIP Day email support wherein Client will have access to MMC via email if any questions or concerns about the work performed arise. Post-VIP Day email support does not cover additional website design work that exceeds what was completed during the VIP Day. Web design services in addition to the VIP Day may be made available by MMC at the current daily or half-date rate, and will be billed separately. Work priority and scheduling will be at the discretion of Client. Work will normally occur between the hours of 9:00 am and 5:00 pm ET on weekdays.

Fees and Payment. Total fees shall include $1,200 (”Payment”). One-half (1/2) of the total of the Payment shall be paid at time of booking. The final one-half (1/2) of the payment, plus all remaining fees and costs, shall be paid within 24 hours of the scheduled VIP Day.

Cancellation.  Should Client cancel the work at any point before completion, Client shall receive no refund of any payments made to MMC. Client’s scheduled VIP Day may be transferred to another date or service with 7 days prior written notice. Client's deposit is valid for 90 days, and must be used within that timeframe. In the event the VIP Day fails to occur within 90 days, or the Client fails to request a new date at least 7 days prior to their booked appointment, the deposit will be forfeited, and the VIP Day will be terminated. If the Client wishes to reschedule beyond 90 days, the original deposit may, at MMC’s discretion, be applied to a new booking at the current VIP Day rate, which may or may not be higher than the original booking rate.

Additional Expenses. Client agrees to reimburse MMC for the following expenses: stock images, premium font licenses, and 3rd party application services.

Rights. The results of any and all work performed by MMC for Client, including original creative work, will remain the property of Client. Client may use this material in any way deemed appropriate.

Client understands that any written statements, images, audio recordings or video recordings of Client while participating in the intensive and made on behalf of MMC may be used in connection with publicizing and promoting MMC. Client authorizes MMC to use their name, brief biographical information, and the written or recorded statements.

Hold Harmless. Client agrees to indemnify and hold MMC harmless against any and all claims, costs, and expenses, including attorney fees, due to materials included in the Services at Client’s request and for which no copyright permission or privacy release was requested or for which uses exceed the uses allowed pursuant to a permission or release.

Force Majeure. Any delay in or failure of performance by either party under this Agreement will not be considered a breach of this Agreement and will be excused to the extent caused by any occurrence beyond the reasonable control of the party including, but not limited to, acts of God, power outages and governmental restrictions. This does not include payment of compensation.

Governing Law. This Agreement shall be construed under and in accordance with the laws of the State of Indiana and is binding upon the parties' respective heirs, executors, administrators, legal representatives, successors, and assigns.

Dispute Resolution. Any disputes in relation to this Agreement under ten thousand dollars ($10,000.00) shall be brought in a small claims court of proper jurisdiction in Indiana. Any disputes over ten thousand dollars ($10,000.00) shall be mediated by a neutral third-party civil mediator. Any dispute over ten thousand dollars ($10,000.00) that is not resolved via mediation may be brought in a court of proper jurisdiction in Indiana. The Parties shall each pay one-half of all costs of mediation. Client shall pay all court costs, reasonable attorney’s fees, and legal interest on any award in favor of MMC.

Waiver. No waiver of any of the provisions of this Agreement shall be deemed, or will constitute, a waiver of any other provision, whether or not similar, nor will and waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

Severability. The Parties acknowledge that this Agreement is reasonable, valid and enforceable. However, if a court of competent jurisdiction finds any of the provisions of this Agreement to be too broad to be enforceable, it is the intention of the Parties that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable.

In case any provision contained in this Agreement is held invalid, illegal, or unenforceable in any respect, the invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement.

Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subjects specifically addressed herein, and supersedes any prior agreements, understandings, or representations, oral or written, on the subjects addressed herein.  This Agreement may not be amended, supplemented, or modified except by a written document signed by all parties, except that the Client may authorize revisions and expenses orally.