TERMS AND CONDITions

Terms and Conditions (“Terms”)

Last updated: February 2023

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using any services (the “Service”) operated by Timeesha Duncan, The Duncan
Agency dba Timeesha Simone Creative, operated (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors, and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

By enrolling in our Coaching (“Program”) you (“Participant”} agree to all of the terms contained in this Agreement.

COACHING PROGRAMS. We, The Duncan Agency, LLC, agree to provide Group Coaching and 1:1 Coaching Programs, (“Program”) made available through our online commerce-shopping cart. As a condition to your participation in the Program, you agree to abide by all policies and procedures as outlined in this Agreement.

PROGRAM FORMAT AND DETAILS. The Program shall be delivered via virtual and/or in-person sessions. The dates and times of all virtual sessions and/in-person sessions are delivered on a mutually agreed upon date. Your coach will be Timeesha Duncan, your coach is subject to change due to emergencies. If your coach must change, you will not be charged any additional monies as a result. We will provide you with as much notice of any change as is possible but we shall not be liable to you in any way for any change to such coaches, dates, or times. Please check with your coach regularly for updates on changes to dates and times.

COACHING SESSIONS. If you need to cancel a 1:1 session, you should provide us with as much notice as possible (by emailing hello@timeeshaduncan.com) and we will make every effort to reschedule the session to a mutually convenient date and time. If you don’t provide us with at least 24 hours’ notice or fail to provide us with any notice we may not be able to reschedule the session and shall not be obligated to accommodate your rescheduling request. We do understand that life happens and will make every effort to be flexible, especially in the case of unexpected emergencies.

If you are late for a 1:! Session, we will try to extend the end time but if this is not possible, the session will end at the scheduled time and we will not be obligated to make up session time.

LIVE EVENTS. In the event that you should attend live events hosted, managed, organized or arranged by The Duncan Agency in third-party venues such as hotel meeting rooms, you agree to comply at all times with all policies set forth by the venue.

You are responsible for your own belongings that you take to Live Events and neither us nor the venue will be liable for any loss, damage, theft or destruction of any of your belongings.

You agree to indemnify us against any claim from any third party (and associated costs and expenses (including professional fees)) arising out of your actions or inactions while at a venue as part of this Program.

You agree to adhere to any standards, regulations administered by the venue related to Covid-19. 

MODEL RELEASE

I hereby grant The Duncan Agency, LLC., the right (but not obligation) to use in connection with the Company’s business, still photographs and video of me and my actual name. This may include but is not limited to appearing in the Company’s magazines, on its website, or in other forums, such as marketing materials.

I acknowledge that no compensation will be provided. I acknowledge that I am over 18 years old. I hereby release the Company from any and all claims, liabilities, and damages arising out of the rights granted hereunder or the exercise thereof.

ONLINE SESSIONS/MASTERCLASSES/LESSONS/MODULES. The online sessions of our Programs are made available through a third-party site with a secure server and we have taken all reasonable steps to ensure that the online content will be available at all times during the course of the Program. However, in the event that the content (or any content added by you) is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, we shall have no liability under any circumstances.

PASSWORDS. You agree to keep your user details and your password for the client portal site confidential at all times and you shall not disclose them to any third party. You must notify us immediately if you become aware of any unauthorized use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses and any other liability, which arises from any unauthorized use of your account.

PROGRAM FEES. 

Please note that this is not a “pay-as-you-go” or “monthly program.” If you opted to use the installment payment option and decide to terminate your participation in the program any time after your initial payment is made, you will be considered enrolled in the program and you will be responsible to pay your remaining balance due in full at the time of termination. 

MISSED PAYMENTS. If you selected the installment payment option, and your card is declined for any installment payment, you will receive an email notifying you of the declined charge and asking you to submit an updated card. Your card may be re-run 1 day after the first declined transaction. If you have not provided a form of payment for a successful charge within 3 days, your access to the Program will be suspended until payment is made. Note there is a $25.00 late fee for every day an account remains delinquent. If your payment becomes 30 days past due, you will be removed from the Program and your file will be turned over to collections to recover the outstanding balance and late fees.

REFUND/CANCELLATION POLICY. All sales are final and there is a strict no refund policy. For this reason, we want you to be very sure that the time is right for you to make this commitment.

DISCLAIMER. It’s very important that you understand we are not an agent, lawyer, doctor, manager, therapist, registered dietician, or psychotherapist for you. Your participation in this Program will not guarantee any business or marketing-related results and if you should experience any business-related issues you should seek advice from your financial advisor, accountant, attorney, or other business consulting professional as determined by your own judgment.

Because of the nature of the Program, the results experienced by each Participant may significantly vary. Although we are confident that the content in this Program will transform your business, we can’t make any promises to you and will not deliver any guaranteed outcomes as a result of following the recommendations set forth in the Program. The outcome and results you experience depend on your level of commitment to implement the strategies given.

We have made no representations, warranties or guarantees verbally or in writing. The content in this Program is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to your individual business.

CONFIDENTIALITY. We respect your privacy and insist that you respect our privacy as well as the privacy of the other Program Participants (‘Participants”). Any Confidential Information shared by Program Participants or any representative of The Duncan Agency, LLC is confidential, proprietary, and belongs solely and exclusively to the person who discloses it. You agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, in the Online Community forum or otherwise.

You also agree not to use such confidential information in any manner other than in discussion with other Participants during the Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.

AFFILIATE LINKS DISCLAIMER. Some of the links contained in the Program materials may be affiliate links. This means that we may receive a commission if you click on the link and make a purchase from the affiliate. We only recommend products and services that are known and trusted by us, whether an affiliate relationship exists or not.

NON-DISCLOSURE OF PROGRAM MATERIALS. All material distributed to you during the course of your participation in this Program is proprietary, copyrighted and developed solely and specifically for The Duncan Agency, LLC. All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made are for your personal use in or in conjunction with this Program only. Original materials that have been provided to you are made available for individual use only and a single-user license. Any disclosure, reproduction or sale to a third party is strictly prohibited. Program content may not be sold, tape-recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Team The Duncan Agency, LLC. No license to sell or distribute our materials is granted or implied.

INTELLECTUAL PROPERTY. You understand and agree not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights of The Duncan Agency, LLC.

PARTICIPANT RESPONSIBILITY. This Program is developed strictly for educational and informational purposes. You accept and agree that you are 100% responsible for your progress and results from the Program. We are here for you to aide you and push you toward your goals, but ultimately, you must show up and do the work in order to get your desired results.

SEVERABILITY WAIVER. If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

MISCELLANEOUS

You agree that your use of our Program is at your own risk and that Program is only an informational and educational service being provided. You hereby release The Duncan Agency, LLC, its members, officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities (“Releases”} from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from participation in the Program. You fully accept any and all risks, foreseeable or unforeseeable.

You also agree that we will not be held liable for any damages of any kind resulting in or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of our services or enrollment in the Program. We assume no responsibility for errors or omissions that may appear in any of the program materials.

NON-DISPARAGEMENT. You agree that neither you nor any of your associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, The Duncan Agency, LLC or any of our programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

MODIFICATION. The Duncan Agency, LLC may modify the terms of this agreement at any time. All modifications shall be posted on www.TimeeshaDuncan.com and you will be notified.

TERMINATION. We are committed to providing all Participants in the Program with a positive Program experience. By agreeing to Participate in any and all Programs, you understand and agree that we may, at our sole discretion, terminate this Agreement, and limit, suspend, or terminate your participation in the Program without refund if you become disruptive to The Duncan Agency, LLC or other Participants; fail to follow the Program guidelines; are difficult to work with; impair the participation of the other Participants in the Program; or upon violation of the terms as determined by us.

INDEMNIFICATION. You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of the terms of this Agreement, or any use by you of the Program materials. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

RESOLUTION OF DISPUTES. Any dispute arising out of this Agreement must be brought and decided in the courts of Cherokee County, Georgia. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia.

CONTACT. Any questions or concerns related to this Agreement should be sent to hello@timeeshasimone.com.