All the Legal Sh!t
Here you will find the 411 on all things related to legal for Alps Creative Co LLC. If you have any questions, please feel free to reach out!
Contact usGovernance Policies
01.01 Alps Creative Co LLC Privacy Policy
Section: Governance
Cross Reference: N/A
Purpose
To establish standard guidelines to ensure reasonable measures are taken to safeguard user information on the Alps Creative Co. LLC website. Additionally, this policy outlines risks that users assume when visiting AlpsCreativeCo.com or otherwise interacting with Alps Creative Co. LLC and its affiliates.
Responsibility
It is the responsibility of all users, employees, volunteers, owners, or individuals interacting with Alps Creative Co. LLC to follow this policy.
Policy
All users, employees, volunteers, owners, or individuals interacting with Alps Creative Co. LLC will take all reasonable measures to safeguard user information. When users are subscribing to emails, subscribing to the blog, submitting a contact form, or otherwise interacting with Alps Creative Co. LLC, the user agrees that they understand the reasonable and unavoidable risks that come with sharing personal information on the internet. Furthermore, users agree when subscribing to emails, subscribing to the blog, submitting a contact form, or otherwise interacting with Alps Creative Co. LLC that they have read “01.01 Alps Creative Co. LLC Privacy Policy” in its entirety and agree to the content, terms, and conditions laid out within the policy.
Subscribing to Emails or Other Content on Alps Creative Co. LLC
When subscribing to receive emails on Alps Creative Co. LLC, users agree and assume liability for the unavoidable risks that some with sharing personal information on the internet. All employees, volunteers, owners, or other individuals associated with Alps Creative Co. LLC agree to safeguard user information that has been submitted on AlpsCreativeCo.com. Alps Creative Co. LLC is not responsible or liable for any data leaks, data breaches, or other events in which information was taken or stolen from the host site. Alps Creative Co. LLC and its associates will not share user information or sell user data under any circumstances. The user is free to unsubscribe from content at any time without harassment or other unwelcome behavior from Alps Creative Co. LLC as a whole, its employees, its volunteers, or others associated with Alps Creative Co. LLC.
Subscribing to the Alps Creative Co. LLC Blog
When subscribing to the blog on Alps Creative Co. LLC, users agree and assume liability for the unavoidable risks that some with sharing personal information on the internet. Alps Creative Co. LLC does not assume any risk or liability for comments that are posted by the user on the blog. The user understands that by posting the comment, they are assuming responsibility from any actions or consequences that follow thereafter.
All employees, volunteers, owners, or other individuals associated with Alps Creative Co. LLC agree to safeguard user information that has been submitted on the blog on AlpsCreativeCo.com. Alps Creative Co. LLC is not responsible or liable for any data leaks, data breaches, or other events in which information was taken or stolen from the host site. Alps Creative Co. LLC and its associates will not share user information or sell user data under any circumstances. The user is free to delete comments or unsubscribe from content at any time without harassment or other unwelcome behavior from Alps Creative Co. LLC as a whole, its employees, its volunteers, or others associated with Alps Creative Co. LLC.
Alps Creative Co. LLC acknowledges the certain and unalienable right of free speech of both the writer and commenters on the blog. Any hate speech, speech that can be considered derogatory, or any other unwelcome comments deemed inappropriate by blog administrators will be promptly removed and, depending on the severity, user will be blocked from any further interactions on the website.
Other Interactions on Alps Creative Co. LLC
When conducting any interactions on or with Alps Creative Co. LLC, users agree and assume liability for the unavoidable risks that some with sharing personal information on the internet. Alps Creative Co. LLC does not assume any risk or liability for actions performed by users on Alps Creative Co. LLC. Furthermore, Alps Creative Co. LLC is not responsible or liable for any user interactions that take place outside of the Alps Creative Co. LLC website. These policies are subject to change at any moment at the discretion of Alps Creative Co. LLC, its founder, or any other authority authorized to make legal decisions on behalf of Alps Creative Co. LLC. These changes may come in the form of written or verbal notice and go into effect on the date as outlined or immediately if not otherwise stated.
Minimum Age Requirement
Alps Creative Co. LLC recognizes the Children's Online Privacy Protection Act (COPPA) and does not collect any information on children younger than 13 years without parental permission. All users who interact with Alps Creative Co. LLC and its affiliates agrees that they are 13 years of age or older OR have express parental permission to utilize services provided by Alps Creative Co. LLC and its affiliates.
Approved by
Amaya Perkins - Founder and Executive Director'
Date Policy Approved
January 1, 2024
Policy Last Updated On
March 18, 2024
01.02 Alps Creative Co LLC Safe Space
Section: Governance
Cross Reference: N/A
Purpose
To establish the standard policy for Alps Creative Co. LLC regarding creating a safe space for individuals of all identities.
Responsibility
It is the responsibility of all users, employees, volunteers, owners, or individuals interacting with Alps Creative Co. LLC to follow this policy.
Policy
All users, employees, contractors, owners, or other individuals interacting with or obtaining services from Alps Creative Co. LLC acknowledge our safe space policy.
Alps Creative Co. LLC is proud to be a queer owned and operated organization. We at Alps Creative Co. LLC acknowledge that we serve individuals of all identities and abilities and aim to make each user’s experience as safe and inclusive as possible. Alps Creative Co. LLC will not stand for any hate speech, harassment, or other unwelcome behavior from anyone.
If an individual is found to be violating our safe space policy, they will be promptly removed and banned from our website and all services permanently. Alps Creative Co. LLC encourages it’s members, users, or other individuals to report unwelcome behavior so that it can be addressed promptly.
Alps Creative Co. LLC reserves the right to determine what constitutes harassment, hate speech, or other unwelcome behavior on our site. We at Alps Creative Co. LLC hold the ability to determine the consequences for any and all actions that are deemed to be harassment, hate speech, or other unwelcome behavior.
Approved by
Amaya Perkins - Founder and Executive Director'
Date Policy Approved
January 1, 2024
Policy Last Updated On
February 20, 2024
01.03 Alps Creative Co LLC Social Responsibility Policy
Section: Governance
Cross Reference: N/A
Purpose
To establish standard guidelines for how Alps Creative Co. LLC aims to be socially responsible and transparent with our community members
Responsibility
It is the responsibility of Alps Creative Co. LLC, its employees, volunteers, interns, fellows, or owners to abide by this policy.
Policy
Alps Creative Co. LLC aims to be transparent with its community members, users, visitors, and affiliates. While Alps Creative Co. LLC is a legally for-profit company, Alps Creative Co. LLC wishes to maintain fiscal and operational transparency to encourage accountability and to challenge the standards as laid out by corporate capitalism.
Alps Creative Co. LLC will make reports available as necessary to provide the general public with information to give individuals the opportunity to give informed consent for services and goods produced by Alps Creative Co. LLC. While Alps Creative Co. LLC is a non-partisan organization, we believe in basic human rights and that every individual deserves access to safe, inclusive, equitable, and accessible environments. Basic human rights in this policy include, but are not limited to: abortion access, LGBTQ+ rights, trans rights, trans healthcare, reproductive justice and freedom, freedom of speech, freedom of religion, rights to access safe healthcare, freedom from torture and other inhumane treatment, disability rights, freedom of expression, women's rights, and minority rights.
Alps Creative Co. LLC will not do business with any organizations that do not believe in basic human rights. Furthermore, if Alps Creative Co. LLC learns of conduct of past partners found to violate these beliefs, Alps Creative Co. LLC will publicly denounce affiliation with that brand, individual, or company. Alps Creative Co. LLC also reserves the right to dissolve any and all current, past, or future marketing endeavors, sales, or partnerships without delay if any brand, individual, or company are found to be spreading or participating in movements that violate or advocate against basic human rights.
Approved by
Amaya Perkins - Founder and Executive Director'
Date Policy Approved
January 1, 2024
Policy Last Updated On
February 20, 2024
Operational Policies
02.01 Alps Creative Co LLC Code of Conduct
Section: Operational
Cross Reference: 01.02 Alps Creative Co LLC Safe Space Policy
Purpose
To establish standard guidelines for the expectations of conduct of Alps Creative Co. LLC, its employees, volunteers, users, visitors, and affiliates.
Responsibility
It is the responsibility of all users, visitors, employees, volunteers, owners, or individuals interacting with Alps Creative Co. LLC to follow this policy.
Policy
All users, employees, contractors, owners, or other individuals interacting with or obtaining services from Alps Creative Co. acknowledge our Code of Conduct Policy. Please note that this policy is related to and includes what is outlined in 01.02 Alps Creative Co. Safe Space Policy.
Users or other individuals interacting with Alps Creative Co. are expected to uphold an equitable and inclusive environment and conduct themselves in a manner that contributes to such. Alps Creative Co. will regularly monitor interactions on all forums on our website and social media to ensure that all users are interacting in a manner as laid out in our policies. Alps Creative Co. will not tolerate hate-speech, harassment, or unwelcome behavior of any kind by any users, visitors, or anonymous users at any time. Users found to be violating these terms will be promptly removed from the website and banned from the members area.
Our code of conduct policy applies to our company as well as our users. Alps Creative Co. and its employees, owners, and volunteers will treat all individuals with respect and will actively work to uphold a standard of equity and inclusivity. Alps Creative Co. employees, owners, and volunteers will participate in continuous trainings on diversity, equity, and inclusion and participate in trainings and workshops that identify any implicit biases. Any employees, owners, or volunteers found to be violating these terms will face disciplinary action as appropriate up to and including termination.
Approved by
Amaya Perkins - Founder and Executive Director'
Date Policy Approved
January 1, 2024
Policy Last Updated On
February 20, 2024
Regulatory Policies
03.01 Alps Creative Co LLC Information Security Policy
Section: Regulatory
Cross Reference: 01.01 Alps Creative Co LLC Privacy Policy
Purpose
To establish the standard policy to protect Alps Creative Co. LLC operations, partners, assets, staff, volunteers, and customers.
Responsibility
All Alps Creative Co. LLC employees, volunteers, and affiliates are responsible for information security on a day-to-day basis. Alps Creative Co. LLC founder is responsible for providing guidance for information security to Alps Creative Co. LLC employees, volunteers, and affiliates.
Policy
Alps Creative Co. LLC has incorporated PCI specific risk assessment policies and processes into their official procedures, which are consistent with the 01.01 Alps Creative Co. LLC Privacy Policy.
Alps Creative Co. LLC will regularly identify, define, and prioritize risks to the confidentiality, integrity, and availability of its information systems, network resources, and data. Alps Creative Co. LLC will conduct an annual, formal documented risk assessment of its information systems, data, and network resources. The assessment must identify and prioritize the threats and vulnerabilities to Alps Creative Co. LLC information systems, data, and network resources and define the likelihood and impact of risks.
Alps Creative Co. LLC will conduct risk management on a regular basis and select and implement reasonable, appropriate, and cost-effective controls to manage, mitigate, or accept identified risks. All such controls must be commensurate with identified risks.
Annually, Alps Creative Co. LLC PCI Coordinator must submit an information security risk management report. The report must identify the significant risks to Alps Creative Co. LLC information systems, data, and network resources that have been identified during the past year, the risks that have been accepted and which risks have been mitigated.
As part of being PCI-DSS Compliant, Alps Creative Co. LLC will annually attest the adherence to the following security questions:
- Sensitive cardholder data is never sent or received by email. or other unsecured communication methods.
- Alps Creative Co. LLC does not store sensitive cardholder data in our own environment once the authorization has been processed in the Virtual Terminal provided by Helcim.
- Alps Creative Co. LLC does not store sensitive card information in our own environment (such as Excel Spreadsheets or a CRM system without encryption). Alps Creative Co. LLC utilizes the Card Vault provided by Helcim to keep card data safe.
- Prior to entering the cardholder information in the Virtual Terminal provided by Helcim, Alps Creative Co. LLC ensures that sensitive cardholder information is physically secured and only accessible by those individuals whose jobs require such access.
- After entering sensitive cardholder information in the Virtual Terminal provided by Helcim, the card information is destroyed in a compliant way such as cross-cut shredding. Sensitive cardholder data is never stored on any computer or media, outside of Helcim's card-vault.
- Sensitive cardholder data is never stored on any computer or media, outside of Helcim's card-vault or a PCI Level 1 Service Provider that is integrated with Helcim.
- Each Alps Creative Co. LLC employee that accesses Helcim has an individual user account and user accounts and passwords are never shared.
- When an employee that had access to Helcim is terminated, their user account on Helcim is immediately disabled.
- Alps Creative Co. LLC has installed anti-virus software on any computer or mobile device that accesses Helcim. Alps Creative Co. LLC keeps our anti-virus up-to-date and ensures that it cannot be disabled without admin privileges.
- Alps Creative Co. LLC keeps any computer or mobile device that accesses Helcim up-to-date with operating system and software updates, and ensure that any critical security patches are installed promptly.
- Alps Creative Co. LLC has used network segmentation on the computer that has access to the Virtual Terminal provided by Helcim. The Virtual Terminal provided by Helcim is never accessed from an unsecured WiFi Internet connection, nor public networks.
- Alps Creative Co. LLC has used network segmentation on the computer that has access to the Helcim Payment App provided by Helcim installed. The Virtual Terminal provided by Helcim is never accessed from an unsecured WiFi Internet connection, nor public networks.
- All sensitive cardholder data is transmitted and processed through a hosted Helcim portal, such as the payment pages, Helcim.js, Online Invoice payments or a PCI Level 1 Service Provider that is integrated with Helcim. Sensitive cardholder data is never transmitted through any other website or server.
- Alps Creative Co. LLC has established a security policy and an employee security training into our organization.
- Alps Creative Co. LLC has read the PCI data security standard and recognize that it is our responsibility to maintain PCI-DSS compliance at all times. If our environment changes, we recognize that we must reassess our environment and implement any PCI-DSS requirements that apply.
Alps Creative Co. LLC will provide regular security information and awareness to our employees, volunteers, and contractors and will include any significant revisions to the information security policies, any new security controls or processes, any significant security threats to our information systems, resources, or data, and information security best practices. All Alps Creative Co. LLC employees must acknowledge that they have read and understood 01.01 Alps Creative Co. LLC Privacy Policy and this policy annually.
As determined necessary by Alps Creative Co. LLC risk assessment, new Alps Creative Co. LLC employees and contractors are subject to a background check. Such vetting can include, but is not limited to, background checks, credit checks and/or personal references. Such vetting is especially important for positions that involve access to sensitive data. New employees and contractors who will have access to sensitive data will sign a confidentiality (non-disclosure) agreement.
This policy will be published and distributed to all appropriate Alps Creative Co. LLC parties (employees, contractors, vendors, service providers, business partners, volunteers, and consumers).
This policy will be reviewed annually and revised as necessary.
Alps Creative Co. LLC employees, contractors, volunteers, and affiliates must comply with all applicable parts of this policy. Compliance is necessary to ensure the confidentiality, integrity, and availability of the Alps Creative Co. LLC information systems, data, and network resources.
Alps Creative Co. LLC employees, contractors, volunteers, and/or affiliates who do not comply with all applicable Alps Creative Co. LLC security and privacy policies may be subject to disciplinary actions, up to and including termination of employment.
Third party persons (i.e. vendors, service providers, etc.) who do not comply with this policy may be subject to appropriate actions as defined in contractual agreements.
Approved by
Amaya Perkins - Founder and Executive Director'
Date Policy Approved
March 6, 2024
Policy Last Updated On
March 6, 2024
03.02 Alps Creative Co LLC Refund and Exchange Policy
Section: Regulatory
Cross Reference: N/A
Purpose
To establish the standard guidelines for consumer refunds when doing business with Alps Creative Co. LLC and its affiliates.
Responsibility
It is the responsibility of the consumer to read 03.02 Alps Creative Co. LLC Refund Policy in its entirety prior to purchasing goods from Alps Creative Co. LLC directly, on social media, or through our associated shop provided by Helcim. While Alps Creative Co. LLC will make effort to ensure this policy is displayed, we cannot be held liable for consumers failing to read, view, or search for this policy.
Policy
Welcome to Alps Creative Co. LLC (hereinafter referred to as "Website," "Site," "We," "Our," "Us,"). As a company that prides ourselves on transparency, we want to be clear about our Refund and Exchange Policy.
- Resource sales are final. Shop items have 30 day return window.
We stand behind our products and services and your satisfaction with them is important to us. However, because our resources are digital goods delivered via Internet and Email download, we generally offer no refunds. For items purchased in the shop, there is a 30 day return window unless otherwise specified on the product listing. Please note that we will require a valid reason for return (buyer's remorse is not a reason). If the consumer (hereinafter referred to as "Consumer" or "You") are unhappy with your purchase, please reach out via the contact form on our website and we will get back to you as soon as possible.
Alps Creative Co LLC holds the right to make exceptions at our discretion and will be on a case by case basis.
If the product you ordered was a physical good that was damaged in shipping, please reach out to us via the contact form on our website within 7 days of package delivery to alert us of the damage. We may ask for verification of damage which may include, but is not limited to, photos of the item and/or return of the damaged item. We will also require a receipt or proof of purchase. If you cannot find your receipt or proof of purchase, please reach out via the contact form on our website and we will get back to you as soon as possible.
2. Exchanges Allowed In Some Cases
If you are unhappy with your purchase which was made by Alps Creative Co. LLC and we deem you ineligible for a refund, we may offer to exchange your product with another of equal or lessor value at our discretion. If your product was made by an independent contractor/artist who is listing their product on Alps Creative Co. LLC, the independent contractor/artist holds the power to determine whether you are eligible for an exchange. If the dispute is not resolved between the consumer and the independent contractor/artist, Alps Creative Co. LLC holds the power to make a final determination.
If the consumer receives the wrong item, Alps Creative Co. LLC holds the power to determine if the consumer is eligible for an exchange. If the consumer selected the wrong item during purchase, Alps Creative Co. LLC holds the power to determine if the consumer is eligible for an exchange on a case by case basis.
3. Why are these policies in place?
Alps Creative Co. LLC is a queer owned small business, not a corporation. All Alps Creative Co. LLC employees, contractors, and artists are from marginalized communities and any returns or exchanges harm our ability to fulfill future orders. All products and services are hand-crafted by independent artists/contractors and the creation of each item takes time, energy, and financial resources (all of which we have a limited amount of).
We appreciate your understanding regarding these policies as they are put in place to protect both Alps Creative Co. LLC and the independent artists/contractors that we work with. As they say in the mystery shack, we put the "fun" in no refunds.
If you have any questions, comments, or concerns about the policy as laid out herein, please feel free to reach out to us via the contact form on our website. We hope you enjoy our products and services and wish you all the best.
Approved by
Amaya Perkins - Founder and Executive Director'
Date Policy Approved
March 6, 2024
Policy Last Updated On
March 6, 2024
Contracts
Independent Contractor Agreement
THIS INDEPENDENT CONTRACTOR AGREEMENT (the “Agreement”) is dated this ____________ day of ____________, _____.
Client
Alps Creative Co LLC ____________________________ (the “Client”)
Contractor
____________________________
____________________________ (the “Contractor”)
BACKGROUND
- The Client is of the opinion that the Contractor has the necessary qualifications, experience, and abilities to provide services to the Client.
- The contractor is agreeable to providing such services to the Client on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and the Contractor (individually the “Party” and collectively the “Parties” to this Agreement) agree as follows:
SERVICES PROVIDED
- The Client hereby agrees to engage the Contractor to provide the Client with the following services (the “Services”):
- Designing and/or creating physical or electronic goods that will be listed and sold through the Alps Creative Co LLC website and all other platforms that Alps Creative Co LLC utilizes to sell and distribute goods. AND/OR
- Designing and/or authoring informational pamphlets and/or resources (either digital, physical, or both) that will be listed and distributed free of cost and/or sold through the Alps Creative Co LLC website and all other platforms that Alps Creative Co LLC utilizes to sell and distribute goods.
- The Services will also include any other tasks which the Parties may agree on. The Contractor hereby agrees to provide such Services to the Client.
TERM OF AGREEMENT
- The term of this Agreement (the “term) will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term may be extended with the written consent of the Parties.
- In the event that either Party wishes to terminate this Agreement prior to the completion of the Services, that Party will be required to provide 10 days’ written notice to the other Party.
PERFORMANCE
- The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
CURRENCY
- Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars).
COMPENSATION
- The Client will compensate the Contractor for the Services as follows (the “Compensation”):
- The Contractor will receive ninety percent (90%) of all profits that are generated through the sale of the goods produced by the Contractor.
- Any fees including sales tax, listing fees, digitization fees, or other fees will be deducted from the profit prior to payment being sent from the Client to the Contractor.
- The Client will generate mock-ups of each item that will be sold and will inform the Contractor what the profit for each sale will be after sales tax, listing fees, digitization fees, or other fees. It is at this stage that the Contractor will agree to the price of goods and services and the amount of profit that they will receive after all sales tax, listing fees, digitization fees, or other fees are deducted.
- The Contractor will receive ninety percent (90%) of all profits that are generated through the sale of the goods produced by the Contractor.
- The Client will Pay the Contractor for the amount of profit earned each month (excluding the cost of all sales tax, listing fees, digitization fees, or other fees) on the last business day of every month.
- In the event that this Agreement is terminated by the Client prior to completion of the Services but where the Services have been partially performed, the Contractor will be entitled to the amount of profit earned (excluding the cost of all sales tax, listing fees, digitization fees, or other fees) during the time that the goods were available for sale.
- The Contractor will not be reimbursed for any expenses incurred in connection with providing the Services of this Agreement.
CONFIDENTIALITY
- Confidential information (the “Confidential Information”) refers to any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.
- The Contractor agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Client or as required by law.
- The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this agreement.
OWNERSHIP OF INTELLECTUAL PROPERTY
- All intellectual property and related material (the “Intellectual Property”) that is developed or produced under this Agreement, will be the property of the Contractor. The Client is granted a non-exclusive limited-use license of this Intellectual Property.
- Title, copyright, intellectual property rights and distribution rights of the Intellectual Property remain exclusively with the Contractor.
RETURN OF PROPERTY
- Upon the expiration or termination of this Agreement, the Contractor will return to the Client any property, documentation, records, or Confidential Information which is the property of the Client.
CAPACITY/INDEPENDENT CONTRACTOR
- In providing the Services under this Agreement it is expressly agreed that the Contractor is acting as an independent contractor and not as an employee. The Contractor and the Client acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers’ compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Contractor during the Term. The Contractor is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the Contractor under this Agreement.
RIGHT OF SUBSTITUTION
- Except as otherwise provided in this Agreement, the Contractor may, at the Contractor’s absolute discretion, engage a third party subcontractor to perform some or all of the obligations of the Contractor under this Agreement and the Client will not hire or engage any third parties to assist with the provision of the Services.
- In the event that the Contractor hires a subcontractor:
- the Contractor will pay the subcontractor for its services and the Compensation will remain payable by the Client to the Contractor.
- for the purposes of the indemnification clause of this Agreement, the subcontractor is an agent of the Contractor.
AUTONOMY
- Except as otherwise provided in this Agreement, the Contractor will have full control over working time, methods, and decision making in relation to provision of the Services in accordance with the Agreement. The Contractor will work autonomously and not at the direction of the Client. However, the Contractor will be responsive to the reasonable needs and concerns of the Client.
EQUIPMENT
- Except as otherwise provided in this Agreement, the Contractor will provide at the Contractor’s own expense, any and all tools, machinery, equipment, raw materials, supplies, workwear and any other items or parts necessary to deliver the Services in accordance with the Agreement.
NO EXCLUSIVITY
- The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with third parties for the provision of services similar to the Services.
- All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties at the following email addresses:
- Alps Creative Co LLC AlpsCreativeCo@gmail.com
- ____________________________ ____________________________
- or to such other address as either Party may from time to time notify the other, and will be deemed to be properly delivered (a) immediately upon the receipt of a responding email from the responding Party, (b) two days after a follow up email has been sent (follow up emails are to be sent after one business day), or (c) five business days from the correspondence date of the follow up email.
INDEMNIFICATION
- Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective affiliates, officers, agents, employees, and permitted successors, and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.
ADDITIONAL CLAUSES
- Each Party and its respective affiliates, officers, agents, employees, and permitted successors agree to adhere to the “01.02 Alps Creative Co LLC Safe Space Policy.” The Contractor and its respective affiliates, officers, agents, employees, and permitted successors acknowledge that if any personnel (whether it be the Contractor, its respective affiliates, officers, agents, employees, or permitted successors) are found to be violating any part of “01.02 Alps Creative Co LLC Safe Space Policy,” the Client reserves the right to immediately terminate and void any and all contracts with the Contractor and its respective affiliates, officers, agents, employees, and permitted successors without prior or written notice and/or authorization from the Contractor.
- In line with the Confidentiality Clauses, the Client agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Contractor has obtained, except as authorized by the Client or as required by law. ○ In the event that the Contractor breaches the contract or the Client determines the need for an immediate termination of this contract, the Client maintains the right to disclose the nature of the Contractor’s offense which led to termination of contract on newsletters, emails, correspondence, social channels, and any other reasonable method deemed appropriate to a reasonable party to inform customers and members of this breach of contract.
- In the event that this Contract is terminated due to the Contractor breaching this contract by violating any part of “01.02 Alps Creative Co LLC Safe Space Policy,” the Client holds the right to disclose the nature of the Contractor’s offense which led to termination of contract on newsletters, emails, correspondence, social channels, and any other reasonable method deemed appropriate to a reasonable party to inform customers and members of this breach of contract.
- These clauses do not void any terms and conditions that the Contractor agreed to within the Confidentiality clauses within this contract. The Contractor is not permitted to retaliate or hold the Client liable for any loss of sales, loss of customers, or any other action resulting from the Client disclosing the Contractor’s violation of “01.02 Alps Creative Co LLC Safe Space Policy” via newsletters, emails, correspondence, social channels, or any other reasonable method deemed appropriate by a reasonable party to inform customers and members of this breach of contract and violation of “01.02 Alps Creative Co LLC Safe Space Policy.”
- If the Client is made aware of the Contractor and/or its respective affiliates, officers, agents, employees, and permitted successors participating in any of the following, the Client reserves the right to immediately terminate and void this Contract.
- Illegal Activity
- Harassment
- Violation of basic human rights
- Support of any kind to movements, causes, or campaigns (political or otherwise) that violate basic human rights
- Assault
- Hate Speech
MODIFICATION OF AGREEMENT
- Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
TIME OF THE ESSENCE
- Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
ASSIGNMENT
- The Contractor will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the client.
ENTIRE AGREEMENT
- It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
ENUREMENT
- This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, and permitted successors and assigns.
TITLES/HEADINGS
- Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
GRAMMATICAL WORDING
- Words in the singular mean and include the plural and vice versa. Any gendered language means and includes all gender identities.
GOVERNING LAW
- This Agreement will be governed by and construed in accordance with the laws of the State of Colorado.
SEVERABILITY
- In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
WAIVER
- The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.
IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal on this ____________ day of _______________, _________.
Company Name:
Name: Alps Creative Co LLC
Officer’s Name: _______________________________
Officer’s Position Title: __________________________
Contractor Signature:
Company Name: ____________________________
Officer’s Name:_____________________________
Officer’s Position Title:______________________
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