Last Updated July 25, 2023
When you engage Shannon Pruitt & Co., LLC DBA Sunday Muse Design to perform work in a freelance capacity, you will be required to accept these Intensive and VIP Day Booking Terms & Conditions for The Express Edit.
These Terms and Conditions of Purchase (these “Terms and Conditions of Purchase”) sets forth your rights and responsibilities for accessing the Shannon Pruitt & Co., LLC DBA Sunday Muse Design Intensives and VIP Days at https://sundaymusedesign.com/vip and its sub-domains and affiliated sites, as well as Shannon Pruitt & Co., LLC DBA Sunday Muse Design (“Shannon Pruitt & Co.”, “SP&C”, “Sunday Muse Design”, “SMD”, “my”, “me”, “I”, “we”, or “us”) pages and accounts on Facebook®, Instagram®, Threads®, Twitter®, LinkedIn®, Google®, TikTok®, and YouTube® (the “Sites”). Please read both these Terms and my Privacy Policy carefully, which is incorporated into these Terms. This document constitutes a legally binding contract between Shannon Pruitt & Co., LLC DBA Sunday Muse Design and other associated materials and sites linked hereto and operated or controlled by Shannon Pruitt & Co., LLC DBA Sunday Muse Design (herein referred to as “Company”), and you regarding your purchase of this productized service package including forms, calls, a copy draft, website design, SEO services, and any additional program services (herein referred to as the “Program” or “Program Materials”). The program shall be deemed to be incorporated herein by reference in addition to this website’s terms of use (the “Terms and Conditions”) and privacy policy (“Privacy Policy”). These Terms and Conditions of Purchase, the Terms and Conditions, and the Privacy Policy are collectively referred to herein as this “Agreement.” In the event of any conflict between these documents with respect to your purchase, these Terms and Conditions of Purchase shall prevail over the Terms and Conditions; and the Terms of Use shall prevail over the Privacy Policy. By purchasing this product, you (herein referred to as “Client”, “you”, “your”, or “yours”) agree to the following terms as a condition of your participation in the Program.
THE SECTION BELOW TITLED “BINDING ARBITRATION” CONTAINS A BINDING ARBITRATION AGREEMENT. BECAUSE THIS SECTION AFFECTS YOUR LEGAL RIGHTS, WE ASK THAT YOU PLEASE READ THEM.
PRICES AND PAYMENT TERMS
The prices for the Program shall be as stated:
The price for an Express Edit VIP Experience is $2000.
The price for a half Express Edit VIP Experience is $1000.
Payment shall be made by credit or debit card with a 50% deposit to secure booking and the remaining 50% due in full by the end of the first day of your service. Client may also choose to pay in full at time of booking.
Upon paying the deposit, you will receive a booking confirmation email with a Pre-Intensive Questionnaire later followed by the remaining invoice balance which is then due in full. This service booking is for only one person and only one day.
CANCELLATION, RESCHEDULING & REFUND POLICY
After booking an Intensive and/or VIP Experience and paying the deposit, should you wish to reschedule or cancel within a 48-hour period, please email Shannon at hello@sundaymusedesign.com. At this point, you will be refunded in full. Should you exceed the 48-hour period, the choice of whether or not to issue a refund is in the Company’s full discretion. As these Intensives and VIP Days are limited, they are in high demand and by cancelling within a short notice, you have prevented us from booking the date with another party. As such the deposit is not required to be refunded. Should you simply need to reschedule your date, you may do so as long as it is no less than 7 days before your appointed time. At this point, we will hold your deposit for an upcoming date to be rescheduled, within 31 days. If there are no dates available within 31 days, we will extend it to 62 days out. Beyond this, it is at our discretion of whether to refund the deposit depending on ability to rebook your spot.
Reschedule requests must be submitted via written notice. If Company Desires to Cancel or Reschedule: In the event Company cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will immediately give Notice to Client, and at the Company's discretion, either attempt to find a reasonable substitute to fulfill the terms of this Agreement or issue a refund or credit based on a reasonably accurate percentage of Services rendered. In the case of a refund where, at the discretion of the Company, no reasonable substitute is found, Company shall excuse Client of further performance obligations in this Agreement. Force Majeure: 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 that materially affects the performance of Services, such as: an act of God (fires, explosions, earthquakes, hurricane, natural disasters, 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, epidemic, nuclear leak or explosion, pandemic, or act or threat of terrorism. No-Shows: If it becomes impossible for Company to render Services due to the fault of the Client or parties related to Client, such as failure to provide necessary elements of the Services or failure of one or more essential parties to the Services to complete tasks in a timely manner, it is within the Company's sole discretion to allow for any additional time or dates to render Services. In such an event, any outstanding amount will immediately become due and payable to Company.
INTELLECTUAL PROPERTY
You understand and agree that the Products contain proprietary information and materials, such as forms, deliverables, templates, text, graphics, images, and sound recordings, (collectively, the “Product Content”) including but not limited to the individual design elements, selection, layout, coordination, structure, expression, and sequencing, user interfaces, “look and feel,” and arrangement embodied in the Program that are owned by Shannon Pruitt & Co., LLC DBA Sunday Muse Design and/or its licensors and are protected by copyright, trademark, and other applicable intellectual property laws. Duplicating, sharing, or uploading any Product Content, including to any sharing or social media sites, is considered stealing and an infringement of our intellectual property rights, and Shannon Pruitt & Co., LLC DBA Sunday Muse Design will prosecute such misconduct to the fullest extent permitted by law.
Therein, any and all work created as a result of Company’s Services is considered a work for hire and is expressly assigned to and owned by Client upon creation. Parties own their respective trademarks and intellectual property used in the normal and separate course of their business and agree not to infringe upon or otherwise use each other’s respective intellectual property except for in the course of providing Client with its Services.
By using the products, you understand and are aware that you may not create derivative works, resource guides, marketing or business materials, source material, intellectual property, websites, blogs, web content, or any other works that reference Shannon Pruitt & Co., LLC DBA Sunday Muse Design, the Products, or the Product Content, or infringe on any of Shannon Pruitt & Co., LLC DBA Sunday Muse Design’s or its licensors’ intellectual property in any way. All copyrights, trademarks, and other intellectual property rights in and to the Products and the Product Content (including the compilation of content, postings, links to other internet resources, and descriptions of those resources) are owned by Shannon Pruitt & Co., LLC DBA Sunday Muse Design and/or its licensors, which reserve all of their rights, title, and interests in law and equity. THE USE OF THE PRODUCTS, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF Shannon Pruitt & Co., LLC AND/OR ITS LICENSORS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.
The trademarks, service marks, and logos of Shannon Pruitt & Co., LLC DBA Sunday Muse Design (the “Shannon Pruitt & Co., LLC DBA Sunday Muse Design Trademarks”) used and displayed in the Products are registered and unregistered trademarks or service marks of Shannon Pruitt & Co., LLC DBA Sunday Muse Design. Nothing in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Shannon Pruitt & Co., LLC DBA Sunday Muse Design Trademarks inures to our benefit.
Display Rights. Company reserves the right to display and re-post their work on their online portfolio &/or social media channels to provide on-going, up-to-date examples of Company's work for marketing and/or business promotion purposes.
STYLE RELEASE
Client has spent a satisfactory amount of time reviewing Company's work and has a reasonable expectation that Company's Services will produce a reasonably similar outcome and result for Client. Company will use reasonable efforts to ensure Client’s services are carried out in a style and manner consistent with Company's current portfolio and services, and Company will try to incorporate any suggestions Client makes. However, Client understands and agrees that:
Every client and final delivery is different, with different tastes, budgets, and needs;
Branding, Web Design, and SEO services are subjective services and Company is a provider with a unique vision, with an ever-evolving voice and technique;
Company will use its personal judgment to create favorable results for Client, which may not include strict adherence to Client’s suggestions;
Company is working within an allotted timeframe of a 4-hour period and is not required to produce further work outside of this period and deliverables are not required to be completed in full.
Dissatisfaction with Company's independent judgment or individual management style are not valid reasons for termination of this Agreement or request of any monies returned.
THIRD-PARTY MATERIALS AND WEBSITES
Shannon Pruitt & Co., LLC DBA Sunday Muse Design may provide links to third-party materials and websites as a convenience to you. These links are provided solely as a convenience to you and not as an endorsement by Shannon Pruitt & Co., LLC DBA Sunday Muse Design of the contents on such third-party sites, and we expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that Shannon Pruitt & Co., LLC DBA Sunday Muse Design shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that Shannon Pruitt & Co., LLC DBA Sunday Muse Design will not be liable for your improper use of third-party materials and websites. Any affiliate links that linked on the site will be clearly marked; however, we encourage you to reach out with any questions you may have regarding affiliate links. Company marks (whether or not registered) may not be used for any reason without written permission. Client agrees not to register, operate, or lease any domain with a confusingly similar name to any such mark without permission of Company.
REPRESENTATIONS AND WARRANTIES
THE PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS. WE’VE TAKEN REASONABLE EFFORTS TO ENSURE THAT WE ACCURATELY REPRESENT OUR PROGRAMS AND THEIR ABILITY TO HELP YOU GROW YOUR BUSINESS. HOWEVER, SHANNON PRUITT & CO., LLC DBA SUNDAY MUSE DESIGN DOES NOT GUARANTEE THAT YOU WILL GET ANY RESULTS OR EARN ANY MONEY USING ANY OF OUR PRODUCTS, IDEAS, TOOLS, STRATEGIES, OR RECOMMENDATIONS, AND NOTHING ON OUR WEBSITES OR IN OUR PRODUCTS IS A PROMISE OR GUARANTEE TO YOU OF FUTURE EARNINGS.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PRODUCTS IS AT YOUR SOLE RISK. BY PURCHASING THE PRODUCTS, YOU ACCEPT, AGREE, AND UNDERSTAND THAT YOU ARE FULLY RESPONSIBLE FOR YOUR PROGRESS AND RESULTS FROM YOUR PARTICIPATION AND THAT WE OFFER NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES (EXPRESSED OR IMPLIED) REGARDING YOUR EARNINGS, BUSINESS PROFITS, MARKETING PERFORMANCE, AUDIENCE GROWTH, OR RESULTS OF ANY KIND. YOU ALONE ARE RESPONSIBLE FOR YOUR ACTIONS AND BUSINESS, WHICH ARE DEPENDENT ON PERSONAL FACTORS INCLUDING, BUT NOT NECESSARILY LIMITED TO, YOUR SKILL, KNOWLEDGE, ABILITY, DEDICATION, BUSINESS SAVVY, NETWORK, AND FINANCIAL SITUATION, TO NAME JUST A FEW. YOU ALSO UNDERSTAND THAT ANY TESTIMONIALS OR ENDORSEMENTS BY OUR CUSTOMERS OR AUDIENCE REPRESENTED IN OUR PRODUCTS, PROGRAMS, WEBSITES, CONTENT, LANDING PAGES, SALES PAGES, OR OFFERINGS HAVE NOT BEEN SCIENTIFICALLY EVALUATED BY US, AND THE RESULTS EXPERIENCED BY INDIVIDUALS MAY VARY SIGNIFICANTLY. ANY STATEMENTS OUTLINED IN OUR PRODUCTS, WEBSITES, PROGRAMS, CONTENT, AND OFFERINGS ARE SIMPLY OUR OPINIONS AND THUS ARE NOT GUARANTEES OR PROMISES OF ACTUAL PERFORMANCE.
LIMITATION OF LIABILITY
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) SHANNON PRUITT & CO., LLC DBA SUNDAY MUSE DESIGN, ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, SUCCESSORS, OR ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF YOUR USE OF THE PRODUCTS OR PURCHASES HEREUNDER; AND (II) YOUR DIRECT DAMAGES SHALL BE LIMITED TO THE FEES YOU PAID FOR THE APPLICABLE PRODUCT. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
ADDITIONAL TERMS AND CONDITIONS
A. GOVERNING LAW. The Parties have entered into this Agreement in the State of South Carolina and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes arising out of the Agreement shall be determined in accordance with the laws of the State of South Carolina, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction. In the event of any action or proceeding arising out of, relating to or concerning this Agreement, or litigation arising from the terms and conditions of this agreement, including, without limitation, any claim of breach of contract, shall be determined in accordance with the laws of the State of South Carolina, and that venue of any action will be located in Spartanburg County, South Carolina.
B. BINDING EFFECT. This Agreement shall be binding upon, is for the sole benefit of the Parties hereto, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. The Parties have no right to assign this Agreement, by operation of law or otherwise.
C. TERMINATION. Shannon Pruitt & Co., LLC DBA Sunday Muse Design is committed to providing all customers with a positive experience. If you fail, or Shannon Pruitt & Co., LLC DBA Sunday Muse Design suspects that you have failed, to comply with any of the provisions of this Agreement, Shannon Pruitt & Co., LLC DBA Sunday Muse Design, in its sole discretion and on notice to you, may: (a) limit, suspend, or terminate your access to the Products and/or you participation in program without refund; and/or (b) terminate this Agreement. Your obligations to Shannon Pruitt & Co., LLC DBA Sunday Muse Design under this Agreement will survive expiration or termination of this Agreement for any reason.
D. MODIFICATIONS AND AMENDMENTS. Shannon Pruitt & Co., LLC DBA Sunday Muse Design reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your access and use of the Products. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Products will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on Shannon Pruitt & Co., LLC DBA Sunday Muse Design’s website or you may be notified by either e-mail or postal mail. If you have any questions, please contact us directly at hello@sundaymusedesign.com.
E. INDEMNIFICATION. To the extent permitted by applicable laws, both Parties agree to defend, indemnify, and hold harmless the respective party, its owners, officers, directors, employees, affiliates, contractors, licensors, successors, or assigns from and against any and all liabilities and expense whatsoever — including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements — which any of them may incur or become obligated to pay arising out of or resulting from breach of this Agreement.
F. BINDING ARBITRATION. ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT ARE TO BE SETTLED BY BINDING ARBITRATION IN THE STATE OF SOUTH CAROLINA, OR ANOTHER LOCATION MUTUALLY AGREEABLE TO THE PARTIES. ANY ARBITRATION AWARD MAY BE CONFIRMED IN A COURT OF COMPETENT JURISDICTION.
G. EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of Shannon Pruitt & Co., LLC DBA Sunday Muse Design’s intellectual property rights and confidential and proprietary information by you, Shannon Pruitt & Co., LLC DBA Sunday Muse Design will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. Shannon Pruitt & Co., LLC DBA Sunday Muse Design may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the Arbitration referenced above. You consent to the personal and subject matter jurisdiction of the federal and state courts in the City of Spartanburg, South Carolina, United States of America for purposes of any such action by Shannon Pruitt & Co., LLC DBA Sunday Muse Design.
H. COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this agreement. Whenever there is any conflict between any provision of this Agreement and any law, the law shall prevail.
I. NO WAIVER. If the Parties choose to waive one provision of this agreement, that does not mean that any other provision is also waived. The party against whom a waiver is sought to be effective must have signed a waiver in writing.
J. NATURE OF AN INTENSIVE AND VIP DAY: The Client understands that an Intensive and/or VIP Day is the purchase of a block of time on Shannon Pruitt & Co., LLC DBA Sunday Muse Design’s schedule. While all reasonable care will be taken to ensure work requested by The Client is completed to the highest achievable standard during the timeframe of the Intensive and/or VIP Day, full completion of any tasks agreed to by Shannon Pruitt & Co., LLC DBA Sunday Muse Design during the Intensive and/or VIP Day is not guaranteed.
K. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, inducements or conditions, express or implied, written or oral, between the parties. This agreement expressly supersedes any and all prior written and/or oral agreements, and the terms and conditions of this agreement cannot be modified without the express written consent of both parties. The terms and conditions of this Agreement shall be binding upon the parties, their personal representatives, successors and assigns, and may not be assigned to any third-party beneficiary.
