Terms and Conditions

Last updated December 16, 2024

DEFINITIONS.

For the purpose of this Agreement, the following terms shall have these specified meanings:

Service Terms

• “Service Period” means the 90-calendar-day quarter during which services are provided
•  “Business Hours” means Monday through Friday, 9:00 AM – 5:00 PM Eastern Standard Time (EST), excluding federal holidays
•  “Business Day” means any day within Business Hours
•  “Quarter” means a 90-calendar-day period from service commencement
• “Renewal Period” means any subsequent 90-day period following the initial Service Period

Production Terms

• “Raw Footage” means any unedited audio/video content submitted by the Client, including:

1. Single continuous recordings
2. Multiple takes
3. Retakes
4. Interview segments
5. B-roll footage
6. Test recordings

• “Episode” means a single podcast production unit
•  “Production Timeline” means the 5-business-day period required for episode completion
• “Publication Date” means the intended release date for an episode
• “Revision” means any changes requested after initial draft delivery

Technical Terms

• “Compressed MP4 Format” means a digital video file format meeting the Provider’s technical specifications
• “Length Fee” means the $100 charge for any raw footage exceeding 30 minutes
• “Submission” means the complete transfer of raw footage to Provider
• “Complete Submission” means raw footage provided in the correct format with all necessary information

Payment Terms

• “Retainer” means the non-refundable first payment that secures services
• “Installment” means any scheduled payment part of the total service fee
• “Additional Fees” means any charges beyond the base service price
• “Renewal Fee” means the cost for subsequent service periods

Communication Terms

• “Critical Notification” means any communication requiring acknowledgment within 24 business hours
• “Written Confirmation” means email or platform-based written acknowledgment
• “Response Time” means the period within which parties must acknowledge communications
• “Platform” means the designated communication system(s) for project management

Deliverables

• “Show Notes” means the written content accompanying each episode
• “Final Product” means the completed, edited episode ready for publication
• “Assets” means any graphics, music, or additional materials created for the episode
• “Revisions” means changes requested to any deliverable, limited to two per episode

Service Features

• “Standard Episode” means an episode with raw footage of 30 minutes or less
• “Extended Episode” means an episode with raw footage exceeding 30 minutes
• “Rush Service” means any request for completion in less than 5 business days (if available)
• “Support Services” means ongoing consultation and communication about the podcast

PURPOSE OF THE AGREEMENT.

Client wishes to engage Two Pecans & A Peach LLC (“Provider”) to provide services and/or access to digital content, products, and resources as detailed in this Agreement. These services and products may include, but are not limited to:

Professional Services

• Podcast production services
• Business coaching
• Strategic consulting
• Content creation
• Implementation support

 Digital Products and Resources

• Downloadable templates
• Digital planners
• Educational materials
• Free resources
• Lead magnets

 Online Access

• Website content
• Blog articles
• Course materials
• Member resources
• Community features

 Coaching Programs

• Individual coaching
• Group programs
• Strategy sessions
• Implementation support
• Resource Access

Provider has agreed to provide such services and/or access according to the terms of this Agreement. Client acknowledges that different sections of this Agreement may apply depending on the specific services or products being utilized.

TERMS.

Services

Provider shall provide Client with the following services and/or products (“Services”):

Podcast Amplified™: Signature Production Services

• Analysis of your podcast’s content, audio quality, and branding to identify improvement areas and growth opportunities.
• Podcast Cover Art
• YouTube Thumbnails
• Customized branded podcast intro
• Royalty-Free Music
• Up to 10 Full Production Edits, up to 30 minutes per Quarter, or up to 60 minutes according to the selected offer.
• Intro/Outro Scripts
• Distribution across all major podcast platforms and YouTube.
• Show Notes
• Search Engine Optimization
• Up to 2 revisions per episode.

Location & Delivery of Services

Location. Provider shall deliver Services to Client virtually/remotely.

Delivery of Services. Services begin once the Client agrees to the terms and conditions and payment is made. Client agrees to provide & fulfill are requirements to Provider to ensure timely delivery of services as outlined in these terms of agreement. 

Cost, Fee Structure and Billing Cycle

Cost. The cost (“Total Cost”) for all Services is determined by the selected service. 

The client agrees to pay the total cost for the services provided hereunder. The parties agree that the timing, amounts, and schedule of payments by the client shall be as set forth in the payment plan.

All payments made are non-refundable. The first payment is a non-refundable retainer. At a minimum, the Client agrees that the retainer fee fairly compensates the Provider for committing to provide the Services and turning down other potential projects/clients. 

The Client agrees that the service includes the services outlined above as well as, ongoing support through Slack, emails, and other communications. This ongoing support is considered an integral part of the service and is included in the payment for services. Therefore, any consideration for a refund, at the discretion of the Provider will account for the time and effort spent on providing ongoing support and consultation. Refunds will not be issued for any failure to meet recording obligations within the specified timeframe, and the Provider’s time and efforts in support activities are non-refundable.

Late payments may result in delayed production.

Subsequent payments will be billed in accordance with the previously established payment method and structure (quarterly or monthly) unless otherwise requested in writing by either party at least ten (10) days prior to the next billing cycle.

Payment Terms and Consequences

• Late payments incur 10% fee after 5 business days
• Failed payments must be resolved within 48 hours
• Service suspension occurs after 7 days of non-payment
• Payment processing requires 24-48 hours clearance

Commencement and Client Obligations

The Client acknowledges that they have read, understood, and agreed to be bound by all terms and conditions of this Agreement. The Client agrees to record and perform their obligations within 90 days (the quarter) from the start date, including recording up to 10 episodes within that time frame. If the Client is on a quarterly or monthly payment plan, they must fulfill their recording obligations within each respective period. There are no refunds if the Client fails to meet these obligations within the specified timeframe. The provider is not responsible for delays due to late submissions.

Service Period and Business Hours:

• The Client’s service period runs for 90 calendar days from the start date
• Business hours for submissions and processing are Monday through Friday, 9:00 AM – 5:00 PM EST
• Episodes submitted after 5:00 PM EST will be considered received the next business day
• All raw footage must be submitted in compressed MP4 format
• Episodes must be submitted a minimum of 5 business days prior to desired publication date
• Episodes submitted without adequate production time may result in delayed publication
• If the quarter end date falls on a weekend or federal holiday, the submission deadline will be 5:00 PM EST on the last business day of that quarter
• Federal holidays are excluded from business hours, and Provider will provide a holiday schedule at the start of each quarter
• Episodes must be recorded, submitted, and any additional fees paid within the designated quarter
• There are no refunds if the Client fails to meet these obligations within the specified timeframe

Production Volume and Timeline Management

Submission Limitations:

• Provider will process a maximum of 2 episodes per week
• Episodes are processed in the order received
• Additional episodes submitted within the same week will begin processing the following week

Production Timeline:

• Each episode requires 3-5 business days for completion from time of submission
• Timeline begins when complete submission is received during business hours
• Multiple episodes submitted simultaneously do not reduce individual production timelines
• Provider is not obligated to expedite production for multiple submissions

Processing Order:

• Episodes are processed in order of submission
• Multiple submissions will enter a production queue
• Client cannot designate priority ordering for multiple submissions
• Production timeline applies to each episode individually

Capacity Planning:

• Client should plan submissions according to desired publication schedule
• Provider is not responsible for missed publication dates due to multiple simultaneous submissions
• Submission of multiple episodes does not guarantee simultaneous completion

Episode Quota and Expiration:

• Quarter includes up to 10 episodes maximum
• Unused episodes expire at end of quarter
• Episodes cannot be banked or rolled over
• All episodes must be recorded within the 90-day period
• Quarter-end submissions due by 5:00 PM EST on last business day

Communication Protocol and Requirements.

Primary Communication

• All project-related communication should be conducted through Slack channel or email
• Client agrees to use provided subject line formats for episode submissions
• Emergency contact procedures will be provided in the welcome packet

Response Times

• The client agrees to respond to time-sensitive communications within 24 business hours
• Failure to respond to time-sensitive communications may result in:

• Delayed production timelines
• Missed publication dates
• Forfeiture of revision opportunities

• The provider will respond to client communications within 1 business day
• Response times do not include weekends or federal holidays

Critical Notifications

• The client must acknowledge receipt of the following communications within 24 business hours:

• Payment notifications
• Episode feedback requiring revision approval
• Publication scheduling
• Quarter-end reminders
• Renewal notices
• Failure to acknowledge critical notifications does not extend production timelines or service period

Communication Records

• All project instructions must be submitted in writing
• Verbal instructions must be confirmed in writing
• The Client agrees that written communication serves as an official record
• Changes to production requirements must be submitted through designated channels

Status Updates

• The provider will send production status updates at key milestones
• The client must maintain current contact information
• Changes to contact information must be submitted in writing

Service Hours

• Communication hours align with business hours: Monday-Friday, 9:00 AM – 5:00 PM EST
• Communications received outside business hours will be addressed the next business day
• Response times are calculated based on business hours only

Platform Requirements

• The client agrees to maintain access to the required communication platforms
• Technical issues with communication platforms must be reported immediately
• Alternative communication methods must be approved in writing by Provider

Breach of Communication Protocol

Repeated failure to maintain communication standards may result in:

• Production delays
• Service suspension
• Contract termination
• Provider reserves the right to terminate services due to persistent communication issues

Documentation

• All project-related decisions and approvals must be documented in writing
• The client acknowledges that verbal agreements must be confirmed in writing to be valid
• Email confirmation will serve as written acknowledgment

Automatic Renewal

This Agreement will automatically renew for successive [monthly/quarterly] billing periods unless either party provides written notice of cancellation at least ten (10) days prior to the next payment withdrawal date and in accordance with the notice policy of this agreement. New terms may apply to renewed periods

Provider reserves the right to decline renewal with notice.

Additional Costs 

Raw footage*/recordings exceeding 30 minutes shall incur an additional charge of $100 per episode. This includes:

• Single continuous recordings over 30 minutes
• Multiple takes/segments that total over 30 minutes
• Interview sessions exceeding 30 minutes

The length fee applies to the total duration of submitted content per episode, regardless of:

• Multiple takes
• Re-recordings
• Interview segments
• B-roll footage

This fee covers the extended editing and production time required to review, select, and edit longer content while maintaining high-quality standards throughout the final episode.

Revisions

Two revisions are provided for each deliverable. Additional revisions beyond this will incur a charge of $50 per revision.

DIGITAL PRODUCTS AND COACHING TERMS

Courses and Digital Products

• All sales are final
• Digital Products (All Platforms)

• Purchase grants single-user, non-transferable license
• For personal/business use only, not for resale
• Files may be downloaded up to 2 times
• Access expires after 12 months from purchase
• No sharing, redistributing, or duplicating materials
• Cannot and shall not be used to create derivative products
• Digital product style/design remains the property of the Provider
• No refunds after digital delivery
• Login credentials are non-transferable

Coaching Program Access

• Program access begins upon payment clearance
• Access duration specific to the program purchased
• Materials must be downloaded within the program timeframe
• Group program spots non-transferable
• Login sharing prohibited

Sessions

• Must be used within the program timeframe
• Subject to scheduling/rescheduling policy
• No refunds for unused sessions
• Recording permissions must be requested
• Implementation support via designated platform only

Group Programs

• Start and end dates firm
• Live session recordings are available for program duration
• Missed sessions are not eligible for makeup
• Community access tied to program duration
• Materials must be downloaded before access ends

Course Access

• Access duration: [specific to course selected]
• Self-paced completion within the access period
• Technical requirements student responsibility
• Updates included during the access period
• Future updates are not guaranteed

Implementation Requirements

• Student responsible for implementation
• Results dependent on student effort
• No guaranteed outcomes
• Support provided via designated channels only
• Business coaching not substitute for legal/financial advice

FREE RESOURCES

By accessing and downloading any free resources, templates, guides, workbooks, or other materials (collectively “Free Resources”) from Two Pecans & A Peach LLC, you agree to the following terms and conditions:

Access Requirements

The user understands and agrees that a valid email address is required to access Free Resources. By providing your email address, you consent to receive communications from Two Pecans & A Peach LLC, including but not limited to newsletters, updates, and marketing materials. You may opt out of these communications at any time through the unsubscribe link provided in each email.

License Terms

Upon providing your email address, you are granted a limited, non-exclusive, non-transferable, single-user license to access and use the Free Resources for personal and/or business use. This license expressly prohibits:

• Sharing access credentials with others
• Redistributing materials in any form
• Selling or commercializing the materials
• Creating derivative works
• Using materials to compete with Provider

Usage Restrictions

Free Resources are provided for individual use only. You may not:

• Share, distribute, or resell these materials
• Upload materials to any website
• Include materials in any shared or public database
• Use materials in any training program without written permission
• Remove or alter any copyright notices or branding

BLOG USAGE TERMS

By accessing and engaging with the blog content on Two Pecans & A Peach LLC’s website, you acknowledge and agree to the following terms and conditions:

Content Purpose and Limitations

All blog content, including but not limited to articles, posts, videos, images, and downloadable materials (collectively “Blog Content”) is provided for informational and educational purposes only. This content does not constitute professional, legal, financial, or business advice. Users acknowledge that:

• Blog Content reflects personal experience and professional expertise
• Results shared are not guaranteed or typical
• Implementation of strategies is at user’s own risk
• Content is not a substitute for professional consultation

Intellectual Property Rights

All Blog Content is protected by copyright and other intellectual property laws. Users may:

• Read and access content for personal use
• Share links to original content
• Quote brief excerpts with proper attribution

Users expressly may not:

• Copy, reproduce, or duplicate content without written permission
• Remove or alter any copyright notices or branding
• Use content for commercial purposes without authorization
• Create derivative works based on the content
• Present content as their own

Comment Policy and User-Generated Content

By submitting comments or engaging with our blog, users agree that:

• All submitted content must be original and non-harmful
• Provider reserves the right to moderate, edit, or remove any comments
• Comments containing spam, harassment, or promotional content will be removed
• Provider may use submitted comments for marketing or educational purposes
• User grants the Provider perpetual license to published comments

EXCLUSIVITY

Exclusivity. Client understands and agrees that he or she has hired Provider exclusive of any other service provider. In order to provide a high level of satisfaction and quality of service, no other service providers, other than any assistant or third party that Provider hires to complete the Services outlined in this Agreement, are permitted to provide the same or similar services or products, paid or unpaid, at the locations and dates specified in this Agreement.

INTELLECTUAL PROPERTY

Copyright Ownership 

In the event that any copyrighted work(s) are created as a result of the Services provided by Provider in accordance with this Agreement, Provider owns all copyrights in any and all work(s) it creates or produces pursuant to federal copyright law, whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by Provider and may be used in the reasonable course of the Provider’s business.

Permitted Uses of Product(s) 

The Provider grants to the Client a non-exclusive license of the product(s) produced with and for the Client for personal use only so long as the Client provides the Provider with attribution each time the Client uses the Provider’s property. Personal use includes, but is not limited to, use within the following contexts:

1. Podcast Episodes: Clients can publish and distribute the podcast episodes on their own platforms, such as their website, podcast hosting services, and social media, provided they credit your business as the producer.
2. Marketing Materials: Clients can use the produced content in their marketing materials, including promotional videos, social media posts, and newsletters, with proper attribution to your business.
3. Internal Training: Clients can use the podcast episodes and other materials for internal training and development purposes, enhancing their team’s understanding and skills, while ensuring your business receives proper credit.
4. Presentations and Webinars: Clients can incorporate the produced content into presentations, webinars, and workshops they conduct, as long as they acknowledge your business as the producer.
5. Educational Purposes: Clients can use the produced content for educational purposes within their organization or for their audience, attributing your business to the production work.

CONFIDENTIALITY

Both parties agree to maintain the confidentiality of all information obtained during the execution of these services.

ARTISTIC RELEASE

Style 

The client has spent a satisfactory amount of time reviewing the Provider’s work and has a reasonable expectation that the Provider will perform the Services in a similar manner and style unless otherwise specified in this Agreement.

Consistency 

The Provider will use reasonable efforts to ensure the Client’s desired Services are produced in a style and manner consistent with the Provider’s current portfolio and will try to incorporate any reasonable suggestions made by the Client. However, the Client understands and agrees that:

1. Every client is different, with different tastes, budgets, and needs. This highlights the bespoke nature of your services, acknowledging that customization will vary based on individual client requirements.
2. Provider services are often a subjective art and Provider has a unique vision, with an ever-evolving style and technique. This is crucial for your business as podcast production and business strategy often involve creative and subjective decisions that may not always align perfectly with client expectations.
3. The Provider will use artistic judgment when providing Services for the Client, which may not include strict adherence to the Client’s suggestions. This ensures that your expertise and professional judgment are respected, and clients understand that you bring a specialized skill set that may differ from their initial ideas.
4. Although the Provider will use reasonable efforts to incorporate the Client’s suggestions and desires when providing the Client with the Services, the Provider shall have the final say regarding the aesthetic judgment and artistic quality of the Services. This clause helps to manage client expectations and prevent conflicts regarding creative control.
5. Dissatisfaction with the Provider’s aesthetic judgment or artistic ability is not a valid reason for the termination of this Agreement or request of any monies returned. This protects your business from subjective disagreements over creative decisions, ensuring that payment is not contingent on the client’s taste.

LIMIT OF LIABILITY

Indemnification 

The Client agrees to indemnify, defend and hold harmless the Provider and its affiliates, employees, agents and independent contractors from any and all liabilities, causes of action, losses, injury, damages, costs, and expenses, including legal fees and expenses, arising out of or related to the use of materials and/or services produced under this agreement.  

CANCELLATION, RESCHEDULING AND NO-SHOWS

Cancellation, Rescheduling of Services or No-Show Client 

If the Client desires to cancel Services, reschedule Services, or if it becomes impossible for the Provider to render Services due to the fault of the Client or parties related to the Client, such as failure of the Podcast Amplified™️ Signature Production Services to occur or failure of one or more essential parties to the  Podcast Amplified™️ Signature Production Services to show up in a timely manner, the Client shall provide notice to the Provider as soon as possible via the Notice provisions detailed in this Agreement.

Provider has no obligation to attempt to re-book further Services to fill the void created by the Client’s cancellation, rescheduling, no-show or if it becomes impossible for the Provider to provide the Services due to the fault of the Client (or parties related to the Client), and the Provider will not be obligated to refund any monies the Client has previously paid towards the Total Cost. 

The Client is not relieved of any payment obligations for canceled Services, rescheduled Services, failing to show up for the Podcast Amplified™️ Signature Production Services, Sessions or should it become impossible for Provider to provide the services due to the fault of Client (or parties related to Client) unless the Parties otherwise agree in writing.   For instance, if the Provider secures another, unrelated client for the Total Cost of service(s), then the Provider may choose, at its sole discretion, to excuse all (or a portion of) the Client’s outstanding balance of the Total Cost. 

SCHEDULING AND ATTENDANCE POLICY

Session Scheduling Requirements

• All sessions must be scheduled through Provider’s designated booking system
• Sessions must be scheduled minimum 48 business hours in advance
• Schedule confirmations require client acknowledgment within 24 hours
• Client receives 2 complimentary reschedules per 3-month commitment
• Additional reschedules available for $75 fee per occurrence

Rescheduling Limitations

• Rescheduling requests must be submitted minimum 24 business hours before session
• After using complimentary reschedules, sessions must either:
  • Be completed as scheduled
  • Rescheduled with $75 fee
  • Will be forfeited if neither option is chosen
• Rescheduled sessions must be completed within current service period
• Unused sessions do not roll over to next service period

Cancellation Notice Periods

• 24 business hours notice required for cancellation
• Cancellations with less than 24 hours notice will:
  • Count as a used session
  • Forfeit rescheduling opportunity
  • No refunds provided
• Emergency situations reviewed case by case

No-Show Consequences

• Client more than 15 minutes late considered no-show
• No-shows count as completed session
• No refunds for no-show sessions
• No rescheduling opportunity
• Production timeline remains unchanged

Timeline Impact

• Rescheduling does not extend overall service period
• Production timelines not adjusted for missed sessions
• Publication schedules maintain original dates
• Provider not responsible for delays due to client rescheduling
• Quarter end dates remain firm regardless of rescheduling

IMPOSSIBILITY

Force Majeure 

Notwithstanding the above, 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, such as, but not limited to:

1. A natural disaster (fires, explosions, earthquakes, hurricanes, flooding, storms, or infestation); or
2. War, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or
3. Any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.
4. Non-performance of vendors or suppliers
5. Acts of God
6. Breach of Confidentiality.

Force Majeure Events excuse further performance obligations but do not require a refund of payments already made or excuse payment obligations for services already rendered. In the event of Force Majeure:

1. Provider will pause service delivery
2. The remaining service period extends once the Force Majeure event concludes
3. No refunds shall be issued for payments made
4. The client remains responsible for payment of services rendered

Failure to Perform Services

In the event Provider cannot or will not perform its obligations in any or all parts of this Agreement, it (or a responsible party) will:

1. Immediately give Notice to the Client via the Notice provisions detailed in this Agreement; and
2. Propose alternative delivery dates or methods for incomplete services, if feasible; and
3. Document services rendered to date; and
4. Excuse Client of future payment obligations for unrendered services only, with no refund of payments already made.

PROFESSIONAL CONDUCT AND SAFETY

The Client(s) expressly agree(s) to maintain professional conduct and provide safe working conditions across all business interactions with the Provider and the Provider’s staff, including but not limited to:

General Professional Conduct

• Maintain professional communication in all channels
• Respect business hours and boundaries
• Use designated communication platforms
• Maintain a strict business relationship
• Adhere to scheduled appointments

Virtual Service Environment

• Professional virtual meeting conduct
• Appropriate digital communication
• Timely and professional responses
• Respect for online boundaries
• Appropriate virtual background/setting

On-Site Production Environment

• Safe physical workspace
• Secure equipment storage
• Appropriate recording space
• Safe parking/access
• Professional conduct from all present parties

Violation Resolution Protocol

Provider reserves the right to implement the following protocol for any violation of professional conduct or safety standards:

First Incident

• Immediate notification to Client
• 15 minutes to correct situation if on-site
• 24 hours to correct virtual/communication violations
• Written documentation of incident
• Service continues if appropriately addressed

Second Incident

• Written warning issued
• Client written acknowledgment required
• Removal of the offending party from the project
• Incident documented
• Service suspension until resolved

Third Incident

• Immediate termination of all services
• Written notice provided
• No refunds issued
• All payment obligations remain
• Permanent termination of relationship

Client Accountability

If Provider terminates services due to conduct violations, Client:

• Remains responsible for payment in full
• Forfeits all unused services
• Covers any equipment damage
• Pays any additional travel expenses incurred
• Holds Provider harmless for incomplete deliverables
• Waives right to dispute charges
• Accepts permanent termination of business relationship

This clause applies to all business interactions throughout the duration of services and remains in effect for any future business relationships. 

GUEST AND CONTRIBUTOR APPEARANCE TERMS

By appearing as a guest or contributor in any content produced by Two Pecans & A Peach LLC, including but not limited to podcast episodes, video content, written content, or promotional materials (“Content”), guest/contributor (“Guest”) agrees to the following terms:

Recording and Usage Rights

Guest grants the Provider perpetual, worldwide rights to:

• Record Guest’s appearance, voice, and likeness
• Edit and modify content at Provider’s discretion
• Distribute content across any platform
• Create promotional materials from content
• Archive and repurpose content indefinitely
• Monetize content without compensation to Guest

Content Ownership

The Guest acknowledges and agrees that:

• Provider owns all rights to recorded content
• Guest has no approval rights over final edits
• Guest cannot demand content removal
• Guest has no ownership claims to content
• Provider may use content without restriction

Guest Responsibilities

The Guest agrees to:

• Provide accurate information
• Maintain professional conduct
• Clear any third-party content
• Honor confidentiality agreements
• Follow technical requirements
• Arrive promptly for scheduled recordings
• Maintain an appropriate recording environment
• Provide current audience metrics
• Share promotional strategy
• Confirm promotional timeline
• Report sharing analytics
• Maintain promotional commitment

Guest Usage Obligations

Guest shall:

• Share published content with their audience
• Include appearance in a professional portfolio
• Reference appearance in promotional materials
• Use Provider-approved clips for promotion
• Link to published content from their platforms
• Promote appearance to their email list
• Share on applicable social media channels
• Tag Provider in promotional posts

Guest may not:

• Release raw footage
• Create derivative content
• Edit or alter content
• Monetize appearance
• Redistribute without written permission

Representations and Warranties

Guest warrants that their content will not:

• Violate any laws or regulations
• Infringe on third-party rights
• Include confidential information
• Contain defamatory statements
• Include unauthorized endorsements

Provider Rights

Provider reserves the right to:

• Cancel appearance without notice
• Remove content at any time
• Edit content without approval
• Decline to publish content
• Terminate agreement for cause

By participating in any content creation with Provider, Guest acknowledges and agrees to these terms in full.

GENERAL PROVISIONS

Governing Law 

The laws of Florida govern all matters arising out of or relating to this Agreement, including torts.

Non-Binding Arbitration

In the event of any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, the parties agree to attempt to resolve the dispute through non-binding arbitration in accordance with the following terms:

Arbitration Procedure

• The arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration service.
• The arbitration shall take place in Evans, Georgia, or another mutually agreed-upon location.
• The arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties. If the parties cannot agree on an arbitrator, the AAA or the agreed-upon arbitration service shall appoint one.
• Each party shall bear its own costs and expenses, including attorneys’ fees.  Any fees and any administrative costs associated with the arbitration shall be paid by the initiating party.

Non-Binding Nature

• The decision of the arbitrator shall be non-binding and advisory in nature.
• Either party may reject the arbitrator’s decision and pursue other legal remedies, including litigation, without penalty or prejudice.

Good Faith Effort

• The parties agree to participate in the arbitration in good faith and to endeavor to resolve the dispute through the arbitration process.
• If the dispute is not resolved through arbitration, the parties are free to seek any and all remedies available to them under the law.

Confidentiality

• The arbitration proceedings and any information disclosed during the arbitration shall be confidential and not disclosed to any third party, except as required by law.

Governing Law

• This arbitration clause shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.

Severability 

If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force. 

Notice

Any notice required or permitted to be given under this Agreement shall be in writing and shall be delivered by email to the parties at the email addresses specified below. Notice shall be deemed given upon confirmation of receipt.

MERGER

This Agreement constitutes the final, exclusive agreement between the parties relating to all services, products, and access provided by Two Pecans & A Peach LLC, including but not limited to Podcast Amplified™: Signature Production Services, digital products, website access, blog content, coaching services, free resources, and guest appearances.

All earlier and contemporaneous negotiations, agreements, communications, and understandings between the parties on any matters contained in this Agreement are expressly merged into and superseded by this Agreement.

Need Help?

Contact us at hello@twopecansandapeach.com