Aspen Oracle Terms and Conditions

Aspen Oracle Grove Terms

Group Agreements

Aspen Oracle Grove is a unified network of individuals, businesses & non-profits with permission for personal power, creative freedom, divine connections and work-life-world harmony. Our values and agreements are:

  1. Everyone is creative, resourceful and whole;
  2. Each person is a separate individual yet part of the whole;
  3. We are powerful as individuals and amplify our magic as a group;
  4. We do the inner work that needs to be done to keep moving forward and expanding;
  5. Aspen Oracle Grove is a space of full permission for you to be you;
  6. Signing up for the Private Online Forum is a requirement and is where you access links to the other Passport Benefits and Bonuses.
  7. We participate in the Online Forum, Gatherings and other member activities/interactions when it is for the highest good of all;
  8. We reflect our heart’s deepest dreams to each other;
  9. More than enough success and abundance exists for all;
  10. We relate to and interact with money as neutral energy;
  11. We experience the power of joy;
  12. We celebrate Heaven on Earth!

Payment and Cancellation Policy

Any annual fee that you have paid prior to cancellation or removal from the group is non-refundable. You may cancel your membership at anytime on your account page or by emailing hello@aspenoracle.com.

Sharers of Aspen Oracle Grove Add-On

  • Member Listing: You must provide the information asked for here (password is EXPAND), and we will use the information and images provided by you to create your listing, promotional cards and email within our templates. One round of edits on your listing is included before launching it. Additional small changes may be made at any time for a $50+ fee. You may also request additional listings for an additional fee of $350 each. You also agree that Aspen Oracle has permission to use your listing information or pieces of it in your email promotion, in online and print marketing for Aspen Oracle.
  • Featured Grove Member in Gatherings: Speaking and collaboration opportunities happen in Divine Order. You must provide any information or materials requested for marketing.
  • Promo cards: One pack of 50-cards (business or postcard size) for you to hand out is included. Cards feature your listing page on one side and Aspen Oracle Grove and/or other member listings on the other side. Cards are shipped to you within one-month of your Sharers of Our Grove Add-on purchase.
  • Leading the Online Forum Group for One-Week: Includes a 20-minute planning session with Jennah as well as participation, by a member of Aspen Oracle’s team, in your threads.
  • Term and Status: As long as your Passport and Sharer Memberships are active, your listing will be live and you will have the opportunity to be a Featured Grove Member and Lead the Facebook Group at least once. If you cancel and then restart your Passport Membership at any point, your listing information is saved for 90-days, so beyond 90-days you would need to purchase and redo a new Sharer Add-on at the current rate and style.

Disclaimer

By participating in Aspen Oracle Grove, you acknowledge that Aspen Oracle, its team, other Grove members and Jennah are not serving as a licensed psychologist, health care professional, or lawyer and our services do not replace the care of psychologists, other healthcare professionals, or lawyers.

The information contained in or provided by our Aspen Oracle Grove cannot replace or substitute the services of trained professionals in any field, including but not limited to, financial, medical, psychological, or legal matters. Neither we, other members of our Grove, nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

You alone are responsible and accountable for your decisions, actions and results. By your participation in Our Grove, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

I also understand that:

  1. Aspen Oracle has the right to remove you from the group at any point for not abiding by the agreements.
  2. With written notification, Aspen Oracle reserves the right to edit or change any of our terms and conditions.

Branding Engagment Terms

General References

To ensure that you understand the procedures and responsibilities involved, as well as the fees and costs, this page will explain these items and confirm the contractual terms and conditions of our agreement moving forward (referred to herein as the “Agreement”).

It shall be understood that all forthcoming references in this agreement to “us”, “we”, “our”, are to directly imply Aspen Oracle, the company, and/or any representative employed by Aspen Oracle. All references to “you” and “your” are to directly imply you, the client, including any member of your team or company. Where we imply both Aspen Oracle and “you,” we will use the term the “parties.”

Our Alliance and Purpose

The purpose of our work together is to support the sustainable, aligned, feel-good expansion and expression of your brand, business and you. We are both willing to dive in and trust that, as we work together, your vision is unfolding for the highest good. We hold sacred space for the divine design of your brand to manifest.

Term and Process

Unless otherwise agreed upon, we work together for at least one 10-hour term using the process below. Once your payment is made,  your Kick-Off Session or First Meeting and your project will be scheduled into the first available spot. After the first initial term of 10-hours, fewer hours may be purchased and the minimum amount is 1-hour, even for small changes.

PROCESS
Kick-Off: For each project (or set of projects), we start with a 90-minute session to set project goals, timelines as well as energy for your customers and you to work in harmony.

Weekly: For the duration of the term or project, we meet via phone, in-person or online for 15-45-minutes each week to review design projects, do energy work and decide best next steps.

Monthly: The number of hours purchased will be used towards the project(s) at hand as well as any other projects brand, development or maintenance that arises. Unless otherwise agreed upon, hours expire within one month of your Kick-Off Session.

Estimates

Estimates are provided only upon request. Estimates provide our best guess of the time/fees and costs involved for the project(s) you have engaged with Aspen Oracle. They are based on the information we receive from you and take into consideration our past experiences with similar types of projects. While we will make every effort to stay within the time/fees and costs listed within the original written estimate we provide to you in connection with the services we will provide (the “Estimate”), please keep in mind that occasions and unforeseen circumstances can arise where more time and costs will be incurred beyond the original Estimate as provided. This is most often due to changes in the direction or scope of the project(s) as required by you which exceed the assumptions memorialized by the original Estimate. It is our policy to promptly alert you of this possibility prior to any changes being implemented and fees/costs incurred. The Estimate also serves as the SOW (Statement of Work) Aspen Oracle provides to you for purposes of this Agreement. The scope of the services and project specifications that Aspen Oracle will be providing under this Agreement will be outlined and detailed in the Estimate. The terms of the Estimate (and all amendments thereto) are incorporated herein as if a part of this Agreement. In the event that other projects are requested by you and accepted by Aspen Oracle, new estimates will be prepared which will also be subject to the terms and conditions of this Agreement.

Rates

Unless otherwise specified, our fee is $150/hour and will not be adjusted for the duration of any project(s) without prior written notification. If a new fee is imposed, it will apply to all services performed after the date on which the new fee is instituted. Time is rounded up or down to the nearest hour.

Change Orders

Unless specified in the Estimate, change orders requesting alterations to the specifications or scope of Aspen Oracle’s work on a project may require additional editing and services and can incur additional fees and costs. All change orders must be submitted and approved in writing, signed by both parties, before any additional work is commenced.

Availability of Materials, Logos, Graphics and Other Collateral

You agree to make available to us, for our use in performing the services required by you, any such graphical elements and materials as we may request for such purposes. Failure to provide us with these materials in the requested formats may require additional time being spent, incur delays or increase costs and/or fees. Subject to the foregoing, Aspen Oracle may use and/or rely upon design and graphical elements, materials, and information furnished by you.

Ownership of Artwork and Source Files

Management of, license registrations and payment to third party accounts (for any stock images; fonts; website themes, registration, hosting; marketing etc.) is your responsibility.

Upon receipt of full and final payment for all outstanding invoices, we agree to transfer the general right, title and interest in and to all final production (finished and publishable) artwork related to the project to you. We also understand that the actual delivery of such artwork to you may precede final payment.

Aspen Oracle retains the right to reproduce and reuse the final project(s) in any form or partial forms it deems appropriate for archival, self-promotional, or other marketing purposes; provided that, such uses do not conflict with your stated use. However, at no time shall we reproduce or reuse the project with a current or potential known competitor of yours for commercial or for-profit purposes.

At the end of each project, the final, approved native/editable (source) files associated with the project will be sent to you for your records. It is understood, in adherence to font copyright law, that we cannot provide, deliver, or transfer any of the fonts or font licenses as used in the project source files to you; you will have to acquire these rights independently of Aspen Oracle for your concomitant use. The files will be provided in the programs that we work in which are Adobe Illustrator, InDesign and Photoshop. Upon special request, we will sometimes agree to build designs in Microsoft Word and/or Powerpoint. We do our best to provide working files to you, but don’t have control over how the programs work in general or how they work for you. We are not responsible for how the files work for you and it is understood that sometimes errors are the limit of the program.

Whether or not the project is completed, you will not have the right to reproduce or otherwise use the design mock-ups, drafts, sketches or any other work product, etc., as created by Aspen Oracle on your project(s) without the prior written approval of Aspen Oracle.

Delivery of “The Goods”

We will use reasonable efforts in the development of your project(s) and endeavor to complete and deliver all required elements within the specified timeframes on the Estimate. We will ensure that the deliverables associated with your project(s) are sent to the approved party as designated by you. This means that all payments, requested instructions, and/or required materials have been received and confirmed by us as and when stipulated. Any delay in the completion of the project due to actions or negligence by you, delays in reviews, content delays, illness, or circumstances outside the control of Aspen Oracle may impact the expected delivery date(s). The dates in the Estimate are approximate and are based upon Aspen Oracle’s availability and the scope of work at the time this Agreement is signed. Such dates may need to be changed due to any number of variables that can occur prior to or during the project; however, Aspen Oracle strives to minimize changes and delays and will keep you updated throughout the process should such dates need to be changed. We will make every reasonable effort to notify you of any delays to the agreed upon delivery date(s) as soon as possible under the circumstances.

Client Confidentiality

We acknowledge and agree that the specifications and all other documents and information related to the development of your project(s) and you including your trade secrets, proprietary material and personal journey (the “Confidential Information”) constitute valuable intellectual property. We agree to only use the Confidential Information in connection with the services we are providing under this Agreement and further agree not to, at any time after the term of this Agreement, without your prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of your Confidential Information.

Payment Terms and Time Reports

Unless other written arrangements have been made, pre-payment is required to begin/continue work each term and/or as outlined on the estimate. Within their specified time-frame, pre-purchased hours may also be used, without an official estimate, towards any projects that arise. Pre-purchased hours expire in the timeframe listed on the estimate and/or invoice and do not rollover. Any hours beyond the pre-purchased will be billed to you upon project completion, and payment is due upon receipt of the invoice. Time reports are sent to you at the end of each term.

In the event you fail to make any of the payments referenced in such documents by the deadlines as set forth therein, we have the right, but are not obligated, to pursue any or all of the following remedies: (1) terminate this Agreement, (2) withhold all files, artwork, source formats, project deliverables, commitments or any other service to be performed by us for you, (3) bring legal action.

Limited Warranty and Limitation on Damages

Aspen Oracle warrants the project will conform to the specifications that you provided to us and as memorialized within the Estimate. If the project does not conform to such specifications, Aspen Oracle shall be responsible for the timely correction and delivery of the project to such specifications. This warranty shall be the exclusive warranty available regarding the project and client waives any other warranty, express or implied.

You acknowledge that Aspen Oracle is not responsible for fixing any problems, errors or omissions on the project after you have tested, proofed and approved the project, which must be completed within 60 days from the date of delivery for this warranty to apply. You also acknowledge that Aspen Oracle is not responsible for the business results obtained by your use of any part of the project(s).

Except as otherwise expressly stated herein, you waive any and all claims for or entitlement to loss of profits, loss of business, special, incidental, indirect, exemplary, punitive or consequential damages arising out of, resulting from, or in any way related to this Agreement, and agree that your sole remedy for damages (either in contract or tort) is the return of the consideration actually paid to Aspen Oracle as set forth in the Estimate attached hereto. This limited warranty shall become void and expire 60 days after the delivery and acceptance of the project by you.

Indemnification

Client warrants that all items provided to Aspen Oracle are legally owned or licensed by client and agrees to defend, indemnify and hold harmless Aspen Oracle from any claim, loss, action or proceeding brought against us based on any claim that the items provided in connection with the project, or any part thereof, or the operation or use of the project or any part thereof, constitutes infringement of any third party patents, trademarks, copyrights or other intellectual property rights, now or hereafter issued. You shall hold us harmless from and against all damages and costs, including but not limited to attorneys’ fees and expenses in any such action or proceeding.

Aspen Oracle warrants that we will disclose all third party materials used by us within the final project(s) and will indemnify client for any undisclosed materials that result in a third party claim of infringement. We will defend, indemnify and hold harmless any action or proceeding brought against you based on any claim that the project, or any part thereof, or the operation or use of the project or any part thereof, constitutes infringement of any patents, trademarks, copyrights or other intellectual property rights, now or hereafter issued. We request that you give us prompt written notice of any such action or proceeding and will reasonably provide authority, information and assistance in the defence of same. We shall indemnify and hold you harmless from and against all damages and costs, including but not limited to attorneys’ fees and expenses in any such action or proceeding. We agree to keep you informed of all developments in the defence of such action.

If you are enjoined from the operation or use of the project, or any part thereof, as the result of any patent or copyright suit, claim, or proceeding, we shall at our sole expense, take reasonable steps to procure the right to operate or use the project, or applicable part thereof. If we cannot procure such right within a reasonable time, we shall promptly, at our option and at our expense, (1) modify the project, or applicable part thereof, so as to avoid infringement of any patents, trademarks, copyrights or other intellectual property, or (2) replace said work with approved work that does not infringe or violate any such patents, trademarks, copyrights or other intellectual property, and is consistent with the project requirements. If none of these options are acceptable to you then we will refund the amounts paid by you to date for such project. The responsibilities of this section shall not apply to any materials supplied by you for our use in your project.

Trademarks, Logos and Intellectual Property

We make every effort to create original logos, marks and brand symbols that are solely derived from our own creativity. While we will not knowingly copy other rightfully trademarked or copyrighted material, it is your responsibility to search, file for, or otherwise deal with any copyright or trademark issues related to the creation and use of the project files. We shall inform you in writing of any and all third party materials used in the final project so that you can clear such items for use in the final project.

Right to Style or to Make Derivative Works

Aspen Oracle retains the exclusive right to make any derivative or similar works derived from or related to the project. Any similarities between your project and Aspen Oracle’s future projects constitute Aspen Oracle’s unique proprietary methods and style and shall remain our signature, style and right. We will ensure that no derivative or similar works shall be developed for a known competitor of yours and shall not have the exact same content or materials as your project.

Energy Work

By participating in our Energy Work Service at any point, you acknowledge that Aspen Oracle and Jennah are not serving as a licensed psychologist, health care professional, or lawyer and our services do not replace the care of psychologists, other healthcare professionals, or lawyers. The information contained in or provided by our Energy Work Service cannot replace or substitute the services of trained professionals in any field, including but not limited to, financial, medical, psychological, or legal matters. Energy Work is in no way to be construed or substituted as psychological counseling or any other type of therapy or medical or legal advice. Energy Work is also not a guarantee of specific goals being reached.

Jennah and Aspen Oracle will at all times exercise their best professional efforts, skills and care. However, Aspen Oracle and she cannot guarantee the outcome of Energy Work efforts and/or recommendations and her comments about the outcome are expressions of opinion only. Aspen Oracle and Jennah cannot make any guarantees other than to deliver the Energy Work services purchased as described. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results. By your participation in the Energy Work, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

Independent Contractors

Aspen Oracle is retained by you as an independent contractor. You are not required to withhold or pay any income tax, social security tax, or any other payroll taxes on our behalf. In addition, Aspen Oracle is not entitled to any fringe benefits that you may provide your employees or any statutory employment benefits, including without limitation worker’s compensation or unemployment insurance. Neither party has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other unless otherwise expressly agreed to in writing signed by both parties. Nothing contained in the Agreement is intended to give rise to a partnership, joint venture, or employment relationship between the parties or to impose upon the parties any of the duties or responsibilities of partners, joint ventures, or employer-employee.

Personnel and Subcontractors

This Agreement is intended to secure the services and expertise of Aspen Oracle because of our experience, ability, and reputation. Accordingly, Aspen Oracle is allowed to choose the personnel and subcontract the services or any portion of the services, in our sole discretion, to our own personnel and subcontractors.

Such subcontracting shall not limit or otherwise affect Aspen Oracle’s obligations hereunder and Aspen Oracle shall be responsible for the acts or omissions of any of our subcontractors and any act or omission thereof which would, if done or not done by Aspen Oracle, constitute a breach of this Agreement by Aspen Oracle.

Entire Agreement

This Agreement contains the entire Agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by all of the parties hereto.

Binding Effect

This Agreement shall be binding upon and endure to the benefit of the parties and their respective successors and assigns, provided that neither party shall assign, sell, modify or otherwise alter any of their obligations under this Agreement without the non-assigning party’s prior written consent.

Waiver

The waiver by either party of any breach or failure to enforce any of the terms and  conditions of this Agreement at any time shall not in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and  condition of this Agreement.

Right to Suspend Project

In the event you fail to make any payment as set forth on this Agreement or the Estimate, within the timeframe prescribed therein, Aspen Oracle has the right to immediately cease all work on the project until payment is remitted in full. You waive any and all claims against Aspen Oracle for any such suspension. Suspension of work will continue until full payment is made for all outstanding invoices including interest. You may not use information or work product provided by Aspen Oracle until full payment is made including applicable interest.

Venue, Choice of Law, Attorney’s Fees

The substantive laws of the state of Colorado, except its conflicts of law principles, govern all matters arising out of or relating to, this Agreement. The district courts located in Denver, Colorado shall have sole jurisdiction over any and all controversies which arise under or relate to this Agreement. In the unlikely event that Aspen Oracle employs an attorney to enforce any of the terms of the Agreement, should Aspen Oracle be the prevailing party, we shall be entitled to recover  our actual reasonable attorney’s fees and reasonable associated costs, including expert witness fees.

Non-Solicitation

It shall be agreed by the parties that, for a period of twenty-four (24) months following the completion of this Agreement, neither party shall directly or indirectly solicit or offer employment to any of the other’s officers, employees, third party contractors and/or associates who have been involved in or associated with this Agreement or the project(s) without the other’s prior written consent. This shall not apply to employees who respond to employment advertisements without knowledge of this restriction; proof of non-solicitation will be required of the hiring party.

Good Faith

Each party represents and warrants to the other that they have acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and termination of this Agreement, for our mutual benefit. Aspen Oracle further represents, as a strong client service-oriented company, that we will strive to provide you with excellent service throughout the term of this Agreement. We hope you will also appreciate our fun and friendly business environment as we work with you on your project.

Guidance Sessions and All Services and Products Disclaimer

Cancellation and Refund Policy

  • Guidance Sessions: Refunds are only available when cancellations are made at least 24-hours in advance.

Disclaimer

By participating in our Guidance Sessions, Brand Services, Training, Retreats, Gatherings and Aspen Oracle Grove, you acknowledge that Aspen Oracle and Jennah are not serving as a licensed psychologist, health care professional, or lawyer and our services do not replace the care of psychologists, other healthcare professionals, or lawyers.

The information contained in or provided by our Guidance Sessions, Brand Services, Training, Retreats, Gatherings and Aspen Oracle Grove cannot replace or substitute the services of trained professionals in any field, including but not limited to, financial, medical, psychological, or legal matters. Guidance Sessions, Brand Services, Training, Retreats, Gatherings and Aspen Oracle Grove are in no way to be construed or substituted as psychological counseling or any other type of therapy or medical or legal advice.

Jennah will at all times exercise her best professional efforts, skills and care. However, Aspen Oracle and she cannot guarantee the outcome of Guidance Sessions, Brand Services, Training, Retreats, Gatherings and Aspen Oracle Grove efforts and/or recommendations and her comments about the outcome are expressions of opinion only.

Aspen Oracle and Jennah cannot make any guarantees other than to deliver the Guidance Sessions, Brand Services, Training, Retreats, Gatherings and Aspen Oracle Grove services purchased as described. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

You alone are responsible and accountable for your decisions, actions and results. By your participation in the Sessions, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

Receive Seasonal Gathering Invites & News

Aspen trees remind us of our connection to the earth and each other. Found thriving at high elevations, aspen trees gently whisper: “root firmly and move at the speed of inspiration”.

The interconnected roots of each aspen grove call attention to the balance of family, work, health and community in your life. The trees say that when all four of these areas are in harmony, you access freedom to turn inspiration into sustainable reality.

When you ask them, aspens help you commit to weathering all seasons.