Terms of Service
By registering for Velocity Work, LLC Programs, entering your credit card or bank account information, or otherwise enrolling in a Velocity Work program or course, whether electronically, verbally, or otherwise, you agree to subject to these terms and conditions:
Services. Velocity Work will provide advice, counsel, coaching, facilitation, and assistance (the “Services”) to you as set forth in the Program Description. You understand that you are solely responsible for executing the advice and recommendations provided by Velocity Work, and Velocity Work will not be liable for any decisions made by you in response to the Services provided. You further understand and acknowledge that Velocity Work makes no representations or guarantees regarding the outcomes or results from the Program. Unless set forth in a separate agreement, Velocity Work programs are for a set time (usually a calendar month) (the “Program Time”) and not for the accomplishment or any particular goal or deliverable. The Program may include regular coaching sessions, workshops, coaching calls (telephonically or through video services), or electronic communications, as Velocity Work shall determine is necessary to provide the services during the Program Time. Communications will be conducted in group settings on days and times as established by Velocity Work.
Notice of Consent to Record. You agree that certain services may be provided by video or telephonic communication. By enrolling in a Program, you acknowledge that you have received notice of intent to record and that you consent to the same. Your enrollment is your agreement that only Velocity Work may record such services, and Velocity Work does not consent to recordings by you.
Relationship of the Parties. Velocity Work performs these Services on a non-exclusive basis as an independent contractor. All services are deemed provided solely by Velocity Work and not by any agent, employee, officer, or member of Velocity Work in an individual capacity. Velocity Work has no fiduciary obligation to you but only a contractual one. You acknowledge that Velocity Work provides services and advice of the type contemplated by this Agreement to others, including others in the same Program as you, and Velocity Work shall continue to do so during and after the term of this Agreement.
Payment; Automatic Renewal; No Refunds. You agree that upon enrolling in a Program, all Program costs and fees are immediately due and non-refundable. You further understand that certain programs renew automatically on a monthly basis, and you authorize Velocity Work or their billing providers to auto-charge your account using the payment method selected at the time of enrollment, according to the terms outlined on the order form and this website, at the time of automatic renewal. In the event you wish to cancel participation before a Program begins or before an automatic renewal, you must provide written notice to Velocity Work at least five days before the start of the next Program period. Once the Program commences, all costs and fees are non-refundable.
Intellectual Property. You agree that all intellectual property rights associated with Velocity Work’s materials, including but not limited to training materials, guides, processes, methodologies, and other information provided to you during the Program are Velocity Work sole and exclusive property. Velocity Work’s materials are protected by federal, state, and international copyright and other laws. You agree not to sell, offer for sale, reproduce, lease, create derivative works from, upload, transmit, display, publish or distribute any Velocity Work materials, in whole or in part, in any way, without Velocity Work’s prior written permission. You agree that the Program provides a limited, personal, non-transferable, non-assignable, revocable right to access and use Velocity Work materials solely for purposes related to the Program. You agree that services provided in the Program are for your use only and that any access or use inconsistent with these terms is unauthorized and strictly prohibited.
Term. This agreement shall commence on the date you enroll in a program or service and shall terminate upon the completion of a Program. However, Velocity Work reserves the right, in its sole discretion, to terminate any individual’s participation in a program if Velocity Work, determines that an individual’s participation is detrimental to the Program, Velocity Work, its employees, contractors, or to other Program participants.
Confidential Information. We do not anticipate that you will provide Velocity Work with any health or medical or information protected under federal or state privacy laws, and you agree that you shall not provide Velocity Work or any of its employees or contractors with any attorney-client or privileged information without anonymizing the same. If you deem such information necessary for the provision of the Services under this Agreement, you agree to notify Velocity Work before providing the same. You agree that Velocity Work may, from time to time, use anonymous information aggregated from its current and past clients in marketing materials, podcasts, and presentations.
Force Majeure. Velocity Work shall not be liable for nonperformance of any of its obligations in this Agreement if its nonperformance was due to a Force Majeure Event as defined herein. “Force Majeure Event” shall mean any act of God, war, riot, civil strife, an act of terrorism (domestic or foreign), embargo, governmental rule, regulation or decree, flood, fire, hurricane, tornado, or other casualties, earthquake, strike, lockout, “Stay at Home” or “Shelter in Place” order, health-related emergency or pandemic, labor disturbance, the unavailability of labor or materials, or any other events or circumstances not within the reasonable control of Velocity Work, whether similar or dissimilar to the foregoing. Upon an occurrence of a Force Majeure Event, Velocity Work shall notify you that a Force Majeure Event has occurred and its anticipated effect on performance. Velocity Work may furnish you with periodic reports regarding the progress of the Force Majeure Event and may use reasonable diligence to minimize damages and to resume performance. The Payment of any amounts due under this Agreement is not subject to excuse or delay based on any Force Majeure event described herein.
Limitation of Liability. Velocity Work will not be liable for any indirect, incidental, special, consequential, or exemplary damages (including damages for loss of profits, goodwill, use, or data), even if it has been advised of the possibility of such damages. Further, Velocity Work shall not be responsible for any damages arising in connection with any unauthorized access to, alteration of, or the deletion, destruction, damage, loss, or failure to store any of your information or data, including but not limited to confidential or protected information, unless caused by Velocity Work’s gross negligence or intentional misconduct. In all events, Velocity Work’s aggregate liability under these terms will be limited to the amount you actually pay Velocity Work for the Services giving rise to the claim during the twelve (12) months preceding the claim. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. VELOCITY WORK MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL OR SERVICE, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
Entire Agreement/No Oral Agreements. This Agreement represents the final and mutual understanding of the parties. It replaces and supersedes any prior agreements or understandings, whether written or oral. This Agreement shall not be modified, amended, or replaced except by another signed written Agreement. If any part of this Agreement shall for any reason be found unenforceable, the parties agree that all other portions shall nevertheless remain valid and enforceable. You agree there have been no oral statements regarding this Agreement, and you have not relied upon any statements or omissions regarding this Agreement not included herein.
Additional Program Agreement. Notwithstanding the foregoing, if you enroll in a subsequent program or service with Velocity Work and enter a subsequent contract and proposal, the rights and obligations of that Agreement shall control and supersede the terms herein in the event of any inconsistency, conflict or ambiguity.
No Assignment; No Third-Party Beneficiaries. You may not assign the rights or obligations of this Agreement without Velocity Work’s the express written consent, and any such attempted assignment shall be void. This Agreement shall be construed to benefit only Velocity Work and you, and shall not be construed to create third-party beneficiary rights in any other person or entity.
Governing Law; Venue; Jurisdiction. This Agreement and the Parties’ respective rights hereunder are governed by and construed per the laws of the State of Colorado. While some services may be performed remotely as well as in-person in varying locations, you expressly agree that all services provided under this Agreement are deemed performed, and fees to be paid, in Denver County, Colorado. You agree that Denver County, Colorado shall be proper venue for all matters related to this Agreement, and consent to the jurisdiction of the courts of the State of Colorado.
