Updated May 2024

This Agreement is entered into by and between: The Akipeed Company (“the Coach”) and Member (“the Member”) whereby the Coach agrees to provide training, coaching, and networking services via Soul Sparks Press (“The Service”) The term “Coach” includes The Akipeed Company and any/all team members who provide services within the Membership.

1. Coach-Member Relationship
   1. The Member is solely responsible for creating and implementing his/her own results, decisions, and actions. The Coach is not liable or responsible for any actions or inactions (direct or indirect) that the Member takes as a result of participating in the Membership.
   2. The Coach does not guarantee specific outcomes (financial or otherwise) for the Member, solely as a result of the Member participating in the Membership. The Coach will provide education, training, tools, and personalized guidance to the Member, but implementing these learnings is the sole responsibility of the Member.
   3. The Member acknowledges that coaching/training/learning in the Membership does not constitute or substitute for legal, financial, tax, or insurance advice, or any other advice from a licensed professional outside the coaching industry.
   4. The Member acknowledges that, while sensitive/personal topics may be discussed,
      coaching does not constitute or substitute for therapy, counseling, or mental
      health treatment of any kind.
2. Client/Coach Services Agreement

   Soul Sparks Press is a publishing and coaching service that includes:

   • Coaching services to help create the manuscript of your book
   • Publishing services to bring your manuscript to life through Amazon KDP and/or Ingram Spark Sefl-publishing services
   • Book cover design and layout
   • Select marketing services to help foster your manuscript post-publishing   

   Soul Sparks Press does not:

   • Guarantees of monetary success from the publishing of your manuscript
   • Guarantees of book sales
3. Schedule and Fees

   All fees are due at signing , except where an exception has been worked out prior to signing. 

   If a payment fails to process (insufficient funds, credit card changes, etc.) the Client will receive an automated e-mail notification. The billing system will automatically re-try to process the payment. If it fails a second time, the Member will be given final notice to update the payment method, and will be removed within 3 days if not remediated.

   If rates change before this agreement has been signed and dated, the prevailing rates will apply.

   The Akipeed Company does not issue refunds of previously settled funds for services rendered.

4. Policies
   1. The following types of communication are directly prohibited, and will be grounds for immediate termination of the contract with no refund:
      
      1. Hate speech or politically divisive topics
      2. Direct solicitation or overt sales
      3. Sexual advances
      4. Disparaging/judgmental comments with the intent to harm or defame (toward members or non-members).
      5. Sensitive data about another person or company (financials, addresses, etc.)
      6. Spamming (constant posting or direct messaging of another member).
      7. Distribution of training materials inside the Membership to non-Members.
      8. Any other communications the Coach deems disruptive or harmful
5. Confidentiality and Disclosure Policies

   The working relationship is a safe space of trusted communication. The Coach and team will foster an environment of confidentiality and will immediately remove members who are found to be sharing sensitive, private Member conversations with non-Members. However, this agreement and membership do not constitute a legal Non-Disclosure agreement. It’s the responsibility of the Member to keep legally sensitive data (trade secrets, sensitive financial data, intellectual property of other entities) out of the Membership. The Coach and team are not liable for legal confidentiality breaches that take place in the membership (Example: A member sharing their employers trade secrets with the group).

   The Client agrees to keep all conversations that occur within the Membership strictly confidential. Sharing another Member’s sensitive information (Example: intention to quit their job) outside the Membership is grounds for immediate removal from the Membership and potential legal recourse.

6. Ownership of Written Materials

   All materials, workbooks, exercises, and documentation included in the Membership are the intellectual property of The Akipeed Company. The Member does not have ownership of this information, which is protected by federal copyright laws. These documents and materials are not permitted to be shared publicly or sold without the expressed permission of The Akipeed Company. They may be shared with trusted friends and family, for the purpose of the Member getting supported on their journey, ensuring there is no intent to sell or redistribute.

   If Members elect to create materials for the Membership (Example: create a training video for the course library), it becomes the intellectual property of The Akipeed Company. The Coach agrees not to sell or distribute Member-created materials outside the membership without the expressed permission of the Member.

7. Cancellation/Missed Session Policy

   The Member will attend the Membership activities at their discretion and within their availability. Members will be required to RSVP to events and are not required to notify the Coach and team if they cannot attend. Members are responsible for the full Membership fees, even if they elect not to attend events.

8. Record Retention Policy

   The Member acknowledges that the Coach has disclosed his/her record retention policy with respect to documents, information and data acquired or shared during the term of the Coach-Member relationship. Such records will be maintained by the Coach in a format of the Coach’s choice (print or digital/electronic) for a period of not less than 5 years.

9. Limited Liability

   Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Member for any indirect, consequential or special damages. Notwithstanding any damages that the Member may incur, the Coach’s entire liability under this Agreement, and the Member’s exclusive remedy, shall be limited to the amount actually paid by the Member to the Coach under this Agreement for all services rendered through and including the termination date.

10. Entire Agreement

    This document reflects the entire agreement between the Coach and the Member and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Coach and the Member.

11. Dispute Resolution

    If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Member and Coach agree to attempt to mediate in good faith for up to 30 days after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.

12. Severability

    If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

13. Waiver

    The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

14. Applicable Law

    This Agreement shall be governed and construed in accordance with the laws of the State of North Carolina, without giving effect to any conflicts of laws provisions.

15. Binding Effect

    This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.