Terms & Conditions
Services
Prepping for Peanut consultant agrees to perform services as described in the Package Details. Prepping for Peanut is an independent contractor and not an employee of the Client for any purpose.
Signatures
By agreeing to the terms and conditions during checkout, the Parties, have executed this Agreement, inclusive of the Package Details and the below Terms & Conditions.
Fees
Client agrees to the payment outlined in their package details, which is part of and incorporated into this agreement.
Performance
Consultant will perform all services in a professional manner using reasonable efforts and judgement based on experience and the task at hand. Prepping for Peanut makes no guarantee with respect to the performance of products selected and/or satisfaction with third party service providers. EXCEPT FOR ANY WARRANTIES EXPRESSLY SET FORTH HEREIN, CONSULTANT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND/OR CONDITIONS CONCERNING THE SERVICES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, IMPLIED WARRANTY OF NON-INFRINGEMENT, AND/OR IMPLIED WARRANTY ARISING OUT OF THE COURSE OF DEALING, CUSTOM, USAGE OF TRADE.
Responsibility
Client is solely responsible for selecting and paying for merchandise and third party service providers
Working together
Client agrees to cooperate with Prepping for Peanut and understands that honesty, respect and gratitude are the key to a great relationship and therefore we have interest in treating each other with these values at all times. Client acknowledges that this means attending meetings, participating in calls, and offering relevant information and feedback when required and in a timely manner.
Distribution
All content and shared resources developed by Prepping for Peanut for Client are confidential and not intended for distribution.
Limitation of Liability
Prepping for Peanut’s liability under this agreement shall be limited to the amount of fees actually received by Prepping for Peanut from Client with respect to the contracted services. Prepping for Peanut shall not be liable for special or consequential damages of any kind under any circumstances.
Indemnification
Client agrees to indemnify and hold Consultant harmless from all claims, liabilities, damages, injuries, amounts paid in settlements, fines, penalties, costs and/or expenses (including, without limitation, all legal and accounting expenses and the costs of expenses of enforcing this agreement and in collecting any amounts due under this agreement) (collectively, “Losses”) arising from or in the connection to any of the duties, obligations or powers herein or hereafter granted to Prepping for Peanut, except for gross misconduct, gross negligence, dishonest or fraud. Should any Losses occur, such charges should be the sole responsibility of the Client.
Termination
If Client fails to make payment under the schedule outlined in Attachment A Prepping for Peanut has the right to stop work upon written notice. If work stops, under this agreement due to breach of Agreement by Client, Prepping for Peanut is entitled to compensation for services rendered.
Display of Work
Consultant may use nursery, organization, decor, product, and registry photography for promotional purposes.
Severability
All provisions of this Agreement are severable
Effective Date
This agreement becomes effective upon checkout and payment
Waiver of Trial by Jury
Each party hereby waives the trial by Jury in any proceedings brought by the other party in connection with any matter arising out of or in any way connected with this agreement
Default
In the event that Client defaults in any of the obligations herein, Prepping for Peanut may, at its option, commence a legal action for damages. In an event that it becomes necessary to institute legal actions. Prepping for Peanut Consultant is entitled to recover attorneys’ fees, and legal costs and interest from Client. Failure to exercise Consultant’s right after a default will not operate as a waiver of rights.