Group Program Terms and Conditions 2021-2022

WHEREAS:
(a) Erin Trafford Incorporated (Erin Trafford) provides Story & Strategy services in the business operations of assisting individuals and organizations in developing their own brand story strategy, and digital content development;

(b) the Participant wishes to attend the Group Sessions with Erin Trafford, more clearly defined herein;
(c) Erin Trafford is an Independent Service Provider, and no agency, partnership, employment relationship is created by this Contract;
(e) in the course of the Participant’s attendance of Group Sessions, Erin Trafford may become familiar with the Participant’s activities, and the Participant will become familiar with the methods developed by Erin Trafford; and,
(f) the Parties may receive and contribute to Confidential Information belonging to the other Party.

NOW THEREFORE in consideration of the Participant registering for Group Sessions, this Contract being a condition of participation, and in addition to other valuable consideration, the receipt and sufficiency of which consideration is herein acknowledged, Erin Trafford and the Participant agree as follows:


Group Session Offerings
Subject to the provisions of the Terms and Conditions contained herein, Erin Trafford, along with other facilitators and speakers, as agents of Erin Trafford are engaged to provide the following sessions pertaining to Digital Content Strategy:

Monthly Workshops
Communication and Sharing via the Facebook Group
Social Media Training via an external partner
Onboarding and Orientation
Select special retreat and reset trainings throughout the course of the program
Access to course and resource vault

The timeline for enrollment in this program is relative to the sign-up date of the participant. Each term is a six month enrollment. Renewal options are at the discretion of Erin Trafford Inc. and can only be activated if and when the participant is invited and agrees to a renewal. This agreement does not constitute any agreement for renewal, including guarantee of rates, services or access.
Additional Services Available
The additional services which Erin Trafford can be engaged to provide include:


One-on-one Services
The above group program can be augmented with a one-on-one Contract for the Client to work with Erin Trafford, pending availability. One-to-one rates will be provided if this request is made. One-to-one services can be:

content strategy consultation intensives
podcast production consulting
podcast production management (via Story Studio Network)


Such additional services are not covered within the scope of this Contract, but the Participant can choose to engage Erin Trafford for further services, by entering into an engagement for further services, or one-on-one services.


The Group Sessions do not include any one-on-one time with Erin Trafford and the Participant. If any one-on-one services shall be required during the course of the Group Sessions, additional sessions may be purchased.
Confidential Information and Intellectual Property Discretion
Without the written consent of the other Party, neither Party shall disclose Confidential Information, which shall include the Intellectual Property of the other Party, except as required in the performance of Erin Trafford’s duties to the Participant.

Intellectual Property of either Party herein is all information, data, artistic and literary works, concepts, designs, processes, software, algorithms and inventions, including, without limitation, those that could be the subject of patent, copyright, industrial design, trade secret or other forms of protection.


The Participant shall take the same measures in regards to the Confidential Information of any facilitator or presenter acting as agent of Erin Trafford, within the Group Session.


Erin Trafford shall not independently verify any information provided by the Participant.

Intellectual Property Assignment

Tools, methods, documents and materials as items and processes used in the strategic digital development training is the Confidential Information of Erin Trafford, and shall not be assigned to the Participant. There shall be no assignment of Intellectual Property of any kind created by this Agreement or the provisions herein.


Method of Communication


Unless agreed upon by the Parties herein, the Participant accepts any risks associated with communication by electronic means, and agrees to communicate with Erin Trafford in the approved methods such as: email, and Facebook. Such risks shall include possible lack of security and/or delivery. The Participant agrees to communicate with any session facilitators or speakers in their approved methods of communication which may be provided from time to time.

Participant Obligations

To increase success, the Participant shall cooperate with the Group Session exercises, and must do any such tasks as are required from them by Erin Trafford to facilitate success of the Group Session. The Participant is expected to do work, and rise to challenges as required for their “buy in”.
Erin Trafford is not a business coaching service, and shall not provide the services of a business coach.


Missed Group Sessions shall be forfeited, and will not be made up. Every effort will be made by Erin Trafford Inc. to obtain a recording of all group sessions such that the participant can catch up on their own time.


Fees and Payment


The Fees for participation in the Group Program are laid out in this checkout page.

Prior to the beginning of each Group Session, payment in full shall be made to Erin Trafford Incorporated, via the ThriveCart payment portal. Credit and PayPal methods are accepted. Payment plans are available upon agreeing to the full terms of the program.
Erin Trafford shall include all HST on all applicable invoices and hereby agrees to remit same to Canada Revenue Agency.

Fees for the Group Program are non-refundable.
Termination
This Participant’s right to the Group Sessions shall be terminated upon the following:

(a) the breach of confidentiality or misuse of Intellectual Property by either Party;
(b) the expiry of the term; and
(c) a non-payment of fees which is not rectified within seven (7) days.


This Agreement may be terminated by the Participant with written notice to Erin Trafford at least thirty (30) days prior to the start of the Group Session. This Agreement may be terminated or altered by Erin Trafford based on registration numbers.

Limitation of Liability


Unless and only to the extent otherwise provided by local law without possibility of contractual waiver or limitation, Erin Trafford’s maximum liability to the Participant pertaining to this engagement and any future engagements under this Agreement, shall be limited to the amount of fees paid to Erin Trafford for the engagement. Erin Trafford will not be liable for consequential, special, indirect, incidental, punitive or exemplary damages, costs, expenses, or losses (including without limitation lost profits and opportunity costs).

The Participant is responsible for any decisions made as a result of, or in connection the services and information provided by Erin Trafford and its related entities and their respective directors, officers, employees and agents. This paragraph shall apply regardless of the form of action, damage, claim, liability, cost, expense or loss, whether in contract, statute, tort (including negligence) or otherwise.

Erin Trafford shall not be liable for any loss or damage associated with the use of electronic communications or storage of data.


The Participant shall indemnify and hold harmless Erin Trafford, its employees and agents from any and all claims, demands, actions and costs whatsoever that may arise, directly or indirectly, out of any act or omission of Erin Trafford or its employees or agents, with respect to carrying out the purposes of this Agreement.
Non-Assignment
The Participant shall not assign this Agreement or any part thereof or any rights hereunder, without the prior written consent of the other party, which consent may not be unreasonably withheld.


Non-Exclusivity

The Participant acknowledges and agrees that this is a non-exclusive Agreement between the Parties and Erin Trafford shall provide services to any other Participant, which may or may not be in direct competition with the Participant.

Public Matters


Erin Trafford and the Participant shall not use each other’s name in any advertising material, news releases, public statements or announcements, whether written or oral, relating to the Services or this Agreement without the prior written consent of the other party, which consent may be arbitrarily withheld.

The Participant acknowledges and agrees that Erin Trafford may publicly promote that Erin Trafford has completed work for the Participant from time to time.

All notices, reports, invoices, payments and formal communications (collectively referred to as “Notices”) required or permitted to be given hereunder shall be in writing and shall be delivered personally or sent by prepaid registered mail, facsimile transmission or email to the following address or such other address as the relevant party may notify from time to time:

Erin Trafford:
Erin Trafford Incorporated
15 Cannon Crescent, Eastern Passage, Nova scotia, B3G 1E9

General Provisions
The failure by any party to complain of any act or omission on the part of the other, no matter how long the same may continue, shall not be deemed to be a waiver by such party, any of its rights under this Agreement The waiver by either party at any time, express or implied, of any breach, attempted breach, or default of any provision of this Agreement shall not be deemed a waiver of any other provision of this Agreement or a consent to any subsequent breach, attempted breach or default of the same or any other type.

Non-Waiver


No waiver of any provision in whole or in part, shall constitute a waiver of any other provision of this Agreement, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

Severability


In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, those provisions to the extent enforceable and all other provisions shall nevertheless continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement and the remaining provisions had been executed by the Parties subsequent to the expungement of the invalid provision.

Entire Agreement


This Agreement contains the entire agreement between Erin Trafford and the Participant with respect to the subject matter hereof and there are no covenants, undertakings or understandings, oral or written except as herein set forth. The terms and provisions of this Agreement shall not be altered or modified, enlarged or diminished, except by a writing signed by Erin Trafford and the Participant.



Jurisdiction

This agreement shall be governed, interpreted and construed in accordance with the laws of the Province of Nova Scotia and this Agreement shall be deemed to have been executed in the Province of Nova Scotia.

Force Majeure

Neither the Participant or Erin Trafford shall be liable for delays resulting from circumstances or causes beyond their control, including without limitation, epidemic, pandemic or Covid-19 related or like illness, fire or other casualty, act of God, strike or labour dispute, war or other violence, or any law, order or requirement of any governmental agency or authority.

In accepting the above terms and conditions the parties hereto have executed this Agreement as of the day and year first above written.