Virtual Consultation Agreement
This Virtual Consultation Agreement (the “Agreement”) is made by and between Truth & Co. LLC (“Truth & Co”), and you (“Customer”).
WHEREAS, Truth & Co has the capability and capacity to provide certain design consultation services; and
WHEREAS, Customer desires to retain Truth & Co to provide the said services, and Truth & Co is willing to perform such services under the terms and conditions set forth herein;
THEREFORE, Truth & Co and Customer agree as follows:
1. Services. Truth & Co shall provide to Customer a 1 or 2 hour of designation consultation services, (the “Consultation Period”) which shall include: offering design advice regarding any cosmetic and decorative questions with a Truth & Co designer (the “Services”).
2. Fee. For the Services to be performed hereunder, Customer shall pay Truth & Co a fixed fee of $195 for the entire 1 hour consultation and $350 for the entire 2 hour consultation (the “Fee”).
3. Terms & Conditions of Services. Customer agrees that the Services agreed to begins and ends with the virtual consultation services described in Paragraph 1 above. This means that Customer understands and agrees that the Services do not include any text messages, emails, phone calls, or other communications outside the original scheduled period. Should Customer desire additional consultation time with Truth & Co, they understand and agree that Truth & Co and Customer (collectively the “Parties”) that the Parties will need to enter into a separate virtual consultation agreement, separate and distinct from this Agreement.
4. Trade Secrets and Confidential Information. Customer agrees that he/she will not:
a. either during or after the Consultation Period with Truth & Co, use or disclose Truth & Co’s Trade Secrets or the Confidential Information for any purpose, except as authorized in writing by Truth & Co;
b. upon the conclusion of the Consultation Period with Truth & Co, for any reason, retain Trade Secrets or Confidential Information, including any copies existing in any form (including electronic form) that are in Customer’s possession or control during the Consultation Period.
5. Limitation of Liability and Indemnification. In no event shall Truth & Co be liable to Customer for any injury, loss, or damages for providing any of the consultation Services provided above, and Customer agrees to hold Truth & Co harmless in the instance of any injury, loss, or damage beyond Truth & Co’s control during the Agreement’s term.
6. Warranty. Truth & Co provides no warranty for the Services performed. However, the Customer is entitled to any manufacture’s warranties for any items provided as part of the Services described above. Such warranties shall be held between the manufacturer and the Customer; and Truth & Co is in no way obligated to engage in, initiate, or support any warranty claims.
7. Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matters contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
8. Cancellation. If Customer is unable to make the Consultation Period above, and provides at least 24 hours’ notice, Truth & Co will refund 50% of the fee described above. However, if Customer fails to attend, and does not provide at least 24 hours notice, Truth & Co will retain the entire fee and will not reschedule the Services unless the Parties agree to reschedule the Services at least 24 hours in advance of the Consultation Period. If something comes up before 24 hours of your scheduled time, please email us immediately so we can reschedule at no cost to you.
9. Choice of Law. This Agreement is governed by, and construed in accordance with, the laws of the State of Georgia.
10. Amendment. No amendment to or modification of this Agreement unless it is in writing and signed by an authorized representation of each Party.
11. Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable the entire Agreement. Rather, upon such determination that any term or other provision is invalid, illegal, or unenforceable, the Parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the Parties as closely as possible in a mutually acceptable manner in order that the services contemplated be consummated as originally contemplated to the greatest extent possible.
The Parties hereto have agreed to and cause this Agreement to be executed once the purchase made.