For good and valuable consideration of nine hundred, ninety-seven U.S. Dollars ($997) or the promotional/sales price as listed on the purchase page, Client has elected to purchase the digital program entitled “Thriving Creator Academy” (hereinafter “TCA” or “Program”). In exchange, Sara Nguyen agrees to provide the services outlined in the Program Details below, and Program Outline Addendum attached hereto.
If at any time Client is found to be disruptive, making disparaging or defamatory comments about Program, Sara Nguyen, or otherwise negatively impacting Program for others and hindering or distracting other Clients from their own success, Sara Nguyen reserves the right to remove Client from Program, without refund. Client understands this, and knows this is a risk if he/she elects to act in such an inappropriate manner. Client agrees this is a suitable remedy and action should he/she act in any of the ways outlined above.
1. Client agrees and understands that he/she is purchasing the Thriving Creator Academy by Sara Nguyen, a digital program (currently featuring 4 “core” phase modules, and 8 “bonus” modules) designed to walk you step by step through a successful launch of your YouTube channel and online program or service. Created by community-building expert Sara Nguyen, and the people behind the global movement Sara Nguyen, TCA is one of the most comprehensive and advanced online education programs for launching a digital program or service. Whether you’re a pro or just starting out, TCA will cover the primary strategies Sara Nguyen has used in order to successfully launch products and services.
2. Client acknowledges that he/she has read the Program Outline Addendum and conducted any additional research necessary to feel he/she understands what is being provided in TCA as well as what is not included. Client agrees to be bound by the terms and conditions outlined herein, as well as the general policies and procedures that can be found on Sara Nguyen’s website.
1. Client understands that one of the primary elements in purchasing TCA and learning from Sara Nguyen is the benefit of obtaining expert guidance, teachings, materials, and exercises Sara Nguyen has used to grow its own business and launch successful digital products and services. Following Client’s participation in this Program, Client will have gained access to various trade secrets and personal intellectual property of Sara Nguyen, including but not limited to materials such as verbal advice, mindset guidance, written templates, modules, technical information, business advice, and/or other information that may have become available for use through Client’s participation in TCA. Client understands and acknowledges that this information is not to be openly shared with others who have not participated in TCA, without permission from Sara Nguyen personally.
Client understands and agrees that any and all commentary provided by Client on public social media profiles including those belonging to Sara Nguyen may be published and used as testimonials by Sara Nguyen. Client gives Sara Nguyen a non-exclusive license to use any such copy written by Client on Sara Nguyen’s social media profile, in email, or otherwise, and repost on Sara Nguyen social media channels, in advertisements for TCA, or other similar channels for the specific purpose of promoting and showcasing TCA client results.
If Client chooses to write about positive experiences in TCA, Client understands the material, along with Client’s name and other identifying information, will likely be published on Sara Nguyen’s website, social media, or otherwise. No payment or additional services will be provided in return for any such testimonial, and Client understands he or she is granting Sara Nguyen an unlimited, irrevocable license in perpetuity to use, publish, distribute, or repurpose any such written testimonial.
PAYMENT + PAYMENT PLAN
1. A one-time payment of nine hundred ninety-seven U.S. dollars ($997) + tax payable up front, in full; or
– Three (3) payments of three hundred ninety-seven U.S. dollars ($397) payable over three (3) months, totalling $1,191 + tax if this payment plan option is selected;
2. Client agrees to render payment via credit card on Sara Nguyen’s sales and checkout page for TCA. Client understands he/she is responsible for the full payment and agrees to pay the sum requested electronically, via Sara Nguyen’s website or a designated third-party payment processor of Sara Nguyen’s choosing, in full.
3. Client understands the cost of the Program is payable in full, or via a payment plan option, which Client will select at the time of purchase:
- If Client elects to purchase TCA via the offered payment plan, Client agrees to abide by the rules and payments as explained on Sara Nguyen’s sales page and within this Agreement. Client understands and agrees that following the first payment, subsequent payments will be automatically deducted each month, utilizing the same mode of payment that was used to make the initial payment, until the payment plan has been completed. Should Client fail to make timely payments, or if additional payments are not able to be processed, Client understands: (1) the reminder of the Program may be forfeited if payment is not made within six days of the date it is due, and (2) Client will owe a $200 late fee if he/she has not made the appropriate payment after the six day grace period. Client’s decision to cease use of TCA for any reason does not eliminate Client’s responsibility to complete the payment plan as agreed upon. Payment in full is required regardless of use, happiness with product, or results.
Sara Nguyen reserves the right to cancel Client’s access to TCA should he/she fail to make additional payments in accordance with the payment plan as agreed upon. Should this occur, Client understands she is not entitled to a refund of funds already issues to Sara Nguyen in exchange for work completed thus far, and it is up to the sole discretion of Sara Nguyen whether Client is to have continued access to any materials made available to Client during the Program up until payments were missed.
1. Sara Nguyen wholly believes in its product. It believes the methods work, but only if the Client is dedicated to the process. Nevertheless, Sara Nguyen offers a conditional 14-day refund under the following circumstances:
2. In the event Client desires a refund, Client must contact the support team at email@example.com within the first fourteen (14) days from the date TCA was purchased. Within this 14 day window, a representative from Sara Nguyen will schedule a call with Client to discuss the basis for the request, and provide Client with a refund request form to complete via Googleform, that will allow client to submit any necessary evidence of coursework completed. Client MUST speak to a Sara Nguyen customer service rep to be able to receive a refund. Once a call has been offered, Client must accept and complete the call within 14 days of the date it is offered. Any and all requests for refunds will be decided by the Sara Nguyen team and within Sara Nguyen’s sole and exclusive discretion. If a refund is granted, Client can expect reimbursement thirty (30) days after cancellation of Program in the same manner in which payment was made, less a $250 cancellation fee. If a refund is not granted, Client understands he/she remains financially responsible for payment in full of Program, and as long
3. Client has received the full TCA course, Client has no further recourse regarding refunds.
4. Client understands he/she will forfeit any and all access to Program and benefits if a refund is issued, including but not limited to Facebook group access (if applicable), group calls (if applicable), TCA modules, and all other information included within Program.
5. Due to the subjective nature of the Program provided by Sara Nguyen, and Sara Nguyen’s inability to control Client’s availability, motivation, external forces, financial situation, or level of engagement in Program, Sara Nguyen is not able to offer refunds after these 14 days. Please conduct any and all necessary research to determine if TCA is right for you prior to purchasing – after the 14 day period, all purchases are final, and Client is responsible for the full payment of all program fees, whether or not Client completes Program. If Client purchased Program with a payment plan, all payments must be made.
1. Client understands and agrees that he/she is voluntarily choosing to enroll in TCA and is solely responsible for any outcomes or results. Sara Nguyen is not responsible nor liable to Client should Client sustain any injuries, incur harm, or encounter any negative ramifications. Client agrees that he/she is fully responsible for his/her health well-being, and business decisions, including participation in TCA and any results therein, and agrees that any decisions to implement strategies, tactics, and information contained within TCA is solely the responsibility and decision of Client.
2. CLIENT BEHAVIOR: While Client is allowed to express his/her opinion regarding TCA and Sara Nguyen, should Client make any false or disparaging comments within the TCA Facebook group, to other members of TCA, or otherwise publicly speak negatively about Sara Nguyen, or any other member of Sara Nguyen, or TCA, Client may be removed from the TCA community. Sara Nguyen places community and positivity at the forefront of their brand, and in order to preserve community standards and experience for other members, a customer who cannot abide by this may lose his/her access to the community. Client understands that any extensive negativity or similar disruption to the community in this way may result in removal from the Program and all relevant communities, with NO REFUND.
1. Specific results are not guaranteed. Sara Nguyen cannot guarantee results of TCA, and cannot make any representations or guarantees regarding individual results. Client will hold Sara Nguyen and TCA harmless if he or she does not experience the desired results, including but not limited to success of an online product or service launch.
2. Earnings Disclaimer: Sara Nguyen also does not make any guarantees or assurances regarding a particular financial outcome based on use of Program, nor is Sara Nguyen responsible for Client earnings, or any increase or decrease in finances based upon information within TCA. Any information or testimonials regarding past or current clients’ working with Sara Nguyen contained on Website or in sales material that contain financial information are individual, and results may vary. Sara Nguyen is not able to learn and assess all clients’ businesses, personal sales models, and strategies outside TCA and as such, have no way of ensuring that TCA will work or be applicable to all individuals or businesses. It is your job as the consumer to assess whether TCA will be right or beneficial for you, and is in no way the responsibility of Sara Nguyen or anyone else associated with Sara Nguyen.
3. Client understands that all services provided by Sara Nguyen in connection with the Program being purchased are provided on an “as is” basis, meaning it is without any guarantees, representations, or warranties, including but not limited to warranties relating to quality, non-infringement, fitness for a particular purpose, merchantability, or expectation or course of performance. Client is choosing to purchase this Program and work with Sara Nguyen on a purely voluntary basis and does not hold Sara Nguyen or Program responsible should Client become dissatisfied with any portion of the Program.
4. Client agrees that he/she does not have a cause of action, legal remedy, and is not entitled to a refund should he/she not achieve the results desired following completion of the program, as long as Sara Nguyen delivers the Program as described in Paragraph 1 above, or similar substitutes, upon additional agreement by Sara Nguyen and Client.
5. Client agrees to hold Sara Nguyen harmless should any physical, emotional, or financial injury occur as a direct or indirect result of use of TCA. The content provided by Sara Nguyen on his/her website and within TCA is comprised of information that has worked for Sara Nguyen and other clients, and may or may not be useful to Client in his/her personal business or life. Client understands Sara Nguyen cannot guarantee results from this Program, and has no expectation of a specific result that he or she holds Sara Nguyen responsible for.
1. Copy, edit, distribute, duplicate or steal any information or any Content obtained through Program without written permission by Sara Nguyen;
2. Post, distribute, copy, steal or otherwise use any portion of the Program or its content, or information obtained via other members in the group Program without written permission by Sara Nguyen, and understand that any such use may constitute infringement, which may give rise to a cause of action against Client.
3. Claim any content created by Sara Nguyen as part of the Program or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by Sara Nguyen was Client’s work, and use in his/her business as his/her own.
4. Share purchased materials, information, content with others who have not purchased them.
5. Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of our work, and a violation of this Agreement and United States Federal laws.
6. Client agrees and understands that Sara Nguyen has created numerous original, creative works in connection with the Program, and agrees that Sara Nguyen maintains all copyrights, licenses, and other intellectual property rights in all original or derivative content associated with or included in the Program, whether created prior to working with Client or specifically for Client, including but not limited to: videos, modules, documents, charts, emails, graphs, products, systems, processes, handouts, worksheets, copy for website or sales pages, and any other original work created by Sara Nguyen. Client agrees she may be granted a limited right to use selected materials in the course of his or her own business, but understands that the original proprietary rights remain with Sara Nguyen. Nothing in this Agreement shall constitute a transfer of ownership of any Intellectual Property from Sara Nguyen to Client, nor grant any license to use the information, other than that which is expressly provided throughout the course of the Program.
7. Client agrees and understands he/she is not to copy, repost, alter, publish, sell, assist others in selling, manipulate, distribute, or in any way exploit any of the content or intellectual property provided by Sara Nguyen or obtained through working with Sara Nguyen, without Sara Nguyen’s express written consent. If such behavior is discovered or suspected, Sara Nguyen reserves the right to immediately end Client’s participation in the Program without refund, as well as access to any program or materials Client may have purchased, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law.
8. Licensee Rights: Sara Nguyen’s Limited License to Client: Client understands that in purchasing the Program, she/he is gaining access to view all content and information available as part of the Program, as well as any additional information or content shared with him/her by Sara Nguyen as she sees fit. Client understands this means he/she will have been granted a limited, revocable, non-transferable license to read and use the information provided for use in his/her business and life, as instructed or allowed by Sara Nguyen. As a “Licensee,” Client understands and agrees that Client will not:
Client agrees at all times to defend, fully indemnify and hold Sara Nguyen and any affiliates, agents, team members or other party associated with Sara Nguyen harmless from any causes of action, injury, illness, misunderstanding, damages, losses, costs, expenses incurred as a result of Client’s use of Program, as well as any third-party claims of any kind (including attorney’s fees) arising from his/her actions as a direct or indirect result of Client’s participation in Program. Should Sara Nguyen be required to defend herself in any action directly or indirectly involving Client, or an action where we decide Client’s participation or assistance would benefit Sara Nguyen’s defence, Client agrees to participate and provide any evidence, documents, testimony, or other information deemed useful by Sara Nguyen, free of charge.
1. Should a dispute arise between Sara Nguyen and Client, the parties agree to attempt to resolve by good-faith negotiations and discussions. (Client agrees that failure to see results is not a basis for a “dispute” and agrees he or she does not hold Sara Nguyen responsible for any specific results, or those results which have been achieved by other clients of Sara Nguyen.)
2. If unable to reach a resolution informally, Client and Sara Nguyen agree that all disputes will be submitted for Arbitration by the American Arbitration Association, to be completed in Los Angeles, California within a reasonable amount of time. Client and Sara Nguyen agree to participate in the arbitration process in good faith and in a manner that will effectively and efficiently resolve the dispute at hand, including the exchange of any materials, documents, or information. The decision made by the arbitrator is to be final and binding on both parties, and is not to be appealed or otherwise set aside. It is to be enforceable in any court of proper jurisdiction as a judgement of law or decree.
This Agreement shall be governed by and under control of the laws of New South Wales regardless of conflict of law principles, and regardless of location of Client. Client understands this and agrees that the laws of New South Wales are to be applicable here.
This Agreement may be amended and/or updated by Sara Nguyen from time to time as needed, to reflect the growth and updates to Program and services offered. Should any material changes be made, Sara Nguyen will notify all current Program users via the email address used to sign up, with continued use of Program to constitute acceptance and agreement to the updated Terms.
PROGRAM OUTLINE ADDENDUM
Client understands, acknowledges, and agrees he/she is purchasing the Thriving Creator Academy (TCA) by Sara Nguyen. Once the Program is purchased and all Agreements are agreed to, Client will begin receiving the core content modules. One module will be released each week over the course of the twelve (12) weeks, until Client has received all core and bonus modules. After which, Client is to have continued access, and may review or complete at his/her own pace.
As outlined on the sales page, TCA includes the following 4 core module phases:
1. PHASE 1: THE ATTRACTION METHOD – GET CLARITY AND DESIGN YOUR YOUTUBE VISION
2. PHASE 2: THE CONTENT ENGINE – CREATE DEMAND WITH CAPTIVATING CONTENT
3. PHASE 3: YOUTUBE ENGAGEMENT EQUATION – MASTER THE YOUTUBE PLAYBOOK
4. PHASE 4: THE CONVERSION STRATEGY – KNOW YOUR NUMBERS, SCALE YOUR SALES
Bonus Modules: TCA will also include eight (8) additional “bonus” modules from other industry-leading experts on topics Sara Nguyen feels is relevant and/or useful to TCA students (“Bonus Modules”). While Sara Nguyen does not anticipate or expect Bonus Modules to change, it may add, remove, or update such modules as appropriate, within its sole and exclusive discretion. Bonus Modules are to be considered “extra” value over and above what is being purchased, and Client understands he/she does not have a cause of action or claim for refund if Bonus Modules are updated or changed at any point in the future.
Slack Group Access: Client may also be granted access to a private group on Slack organized by Sara Nguyen as a BONUS to joining TCA. If applicable to Client and Client joins, Client agrees to use common sense when posting or responding to others’ in the group, and agrees to refrain from posting any negative or unnecessary comments. Should Client post anything that is deemed offensive, defamatory, or otherwise negative in such a way that it causes a disruption within the group and community, Sara Nguyen reserves the right to remove Client from any such Facebook group and other similar community, in order to preserve the experience for the rest of Sara Nguyen’s clients.
Group Coaching Calls: For a limited time, TCA will include access to group coaching calls on Zoom, where members may log in and access a live Q&A call with a member of the Sara Nguyen team, to get any questions answered and gain extra value at no extra charge. This feature is not included within the price of TCA, and is a bonus subject to end at any time, in the sole and exclusive discretion of Sara Nguyen. Client understands that he/she does not have a cause of action or valid request for refund if such calls end during Client’s participation in TCA or before he/she joins TCA.
Client has carefully read this Program Outline Addendum and acknowledges that he/she is aware of what is, and what is not included within this Program. Client is aware that this Program Outline includes EVERYTHING included within the Program, with the exception of exclusive or limited time, time-sensitive bonuses. If Client expected additional information, products, services, or other information to be provided in this Program but does not see it here, Client understands it may not be included, or may be a limited time bonus. Sara Nguyen is under no obligation to provide anything other than what is listed above, with the exception of updated or ever-changing Bonuses offered for limited periods of time.
By completing the online purchase and being charged the amount listed above, Client confirms he or she has reviewed this Program Outline, completed any and all appropriate additional research, and asked any and all necessary questions of Sara Nguyen and his/her team in order to feel appropriately educated of the Program and product/service being offered. Client understands he or she will not be entitled to a refund once completing this purchase for any reason, other than as discussed above.