TERMS AND CONDITIONS

BRAND ESSENCE: EMBODIED BRANDING PROGRAM TERMS AND CONDITIONS

By purchasing the Brand Essence: Embodied Branding Program, you agree to the following terms.

Please read and understand them before finalizing your purchase.

1. Introduction. The Brand Essence: Embodied Branding Program (the “Program”) created by Anika Samples D/B/A Incandescent Creative (“Company”), is a live, four-week educational, group program for women to build their personal brand in an ethical, conscious, and feminine way. The Program guides them through the brand strategy process to clarify their business’s value and positioning, offerings, audience, messaging, and visual direction.

The Brand Essence: Embodied Branding Program may also be referred to as the Embodied Branding Program.

2. Agreement.

These Terms and Conditions (this “Agreement”) govern Participant’s enrollment in and participation in the Brand Essence: Embodied Branding Program (the “Program”) offered by Incandescent Creative.

This Agreement supplements and incorporates by reference the general Terms and Conditions governing use of the Company’s website (the “Website Terms”), available at https://incandescentcreative.com/terms-and-conditions. In the event of a conflict, this Agreement controls with respect to the Program.

By enrolling in the Program, Participant agrees to be bound by both this Agreement and the Website Terms.

Company may update this Agreement from time to time to reflect operational, legal, or program changes. Any material changes will apply prospectively and will not materially reduce the Program features already purchased by Participant.

3. The Program. When you sign up for the Program, receive the following:

(a) Group Calls. The program provides weekly 90-minute live group calls. Each call will be recorded and Participants have access to the recordings for thirty days following the date of the call. The group calls will be made available via a third-party audio/video provider. Participants are not permitted to record the calls themselves.

(b) Workbook. Each Participant will receive an editable PDF workbook of material (the “Workbook.”) The workbook will be available for download, upon which Participants will have access indefinitely.

(i) Group Calls: Participants are encouraged to attend all weekly group calls as this is the only opportunity to ask Company questions and receive live support.
(ii) Between Sessions: Company will identify during each weekly call the portion of the Workbook that Participant should complete before the next session.

(d) 1:1 Support. The Program does not provide 1:1 support with Company, but you are eligible for a discount as a participant in the Program.

(e) Availability. Company’s availability during the Program will be limited to the weekly live calls and email.

(i) Email. Throughout the duration of the Program, the Company is available via email for questions regarding program-related questions. This does not include any brand/business specific questions. Company will respond within a reasonable time, but no later than two business days. Company reserves the right not to respond to emails exceeding the scope of the Program.

(f) Post-Program Availability. Upon the completion of the Program, Company will not be available for any program-related questions.

(g) Community Spaces. During the Program, Company may make a group chat available via a third party messenger such as Telegram or Whatsapp. This group chat will be for any discussion by the Participants. This space will be open for messages around life, business, emotions, and anything else the Participant feels called to share. Company is not obligated to engage in the group chat, but reserves the right to monitor the chat to ensure it remains appropriate for all participants. Should the Company decide to provide a group chat, they will notify the participants via email and will provide any further guidelines. By entering the group chat, the Participants are agreeing to any guidelines provided by the Company. Participant understands that group communications occur in a shared environment and should not be considered confidential.

(i) Upon completion of the Program, the group messaging or other community spaces will be archived and will remain available for the participants in a read only context.

(h) Program Scope Disclaimer. The Program does not include:

(i) logo design instruction,
(ii) software training (e.g., Adobe, Canva),
(iii) copywriting or marketing execution,
(iv) done-for-you services.

The Program is intended to support strategic clarity, not replace the Participant’s responsibility to execute, brand, market, or build their business.

4. Energy Exchange.

(a) Payment. In consideration for access to the Program, Participant agrees to pay the fees indicated at checkout (the “Program Fee”). All prices are listed in U.S. Dollars.

(b) Payment Options.

(i) Participant may elect either:

(A) a one-time payment of $497 USD, or
(B) two (2) installment payments of $275 USD each (total $550 USD).

If the installment option is selected, the first payment is due at checkout and the second payment will be automatically charged thirty (30) days later using the same payment method.

When agreeing to a payment plan, you consent to and give permission to the Company to automatically charge your credit card or Google Pay account as payment for the Product pursuant to the chosen payment plan to complete the total payment. The Company will not contact you to seek any additional authorization, approval, or permission before charging the second installment of the Payment Plan.

You will receive an electronic receipt, at the time and interval in which payment is due without any additional authorisation needed.

By choosing the Payment Plan, you agree and understand that the second payment installments are owed in full, regardless of completion of the Program.

(d) Payment Obligation. Participant is responsible for completing all payments once Program is purchased. Because enrollment secures a limited seat in a live cohort, all sales are final except where required by law.

(e) Failed Payments. If a payment fails or is declined, Company may:

(i) suspend access to Program materials and sessions, and/or
(ii) require an alternative payment method before restoring access.

(f) Beta Program Pricing. Participant acknowledges this Program is offered as a beta experience at a reduced price in exchange for feedback, and certain elements may evolve, be refined, or be modified during delivery.

Participant understands that, as a beta offering, certain content, structure, or delivery elements may change in real time. Such adjustments do not constitute a material change to the Program.

(g) Transfer Policy. Participant may transfer their seat to another individual only if written notice is received at least forty-eight (48) hours prior to the first scheduled session. Company reserves the right to approve or deny transfers in its reasonable discretion.

(h) Use of Payment Processor. We use the third-party payment processor Stripe to process payments for the Program. By purchasing the Program, you agree to be bound by the applicable terms and conditions of Stripe, which can be found here https://stripe.com/legal/ssa.

Company does not store full payment information and is not responsible for the independent acts or omissions of such processor. All payment transactions are subject to that processor’s terms and privacy practices.

5. Cancellation; Refund Policy.

(a) Cancellations; Refunds. Involvement in the Program is entirely voluntary and you may exit at any time. However, as there are limited spots available, all payments are final and Company does not offer any refunds upon cancellation.

(b) Company has sole discretion to make exceptions to this Section 5 and grant a refund. Any such exceptions are only effective after the Company sends confirmation of a refund in writing.

6. Collection of Information.

(a) Information Collected. Company collects limited personal information necessary to administer the Program, which may include:

(i) name,
(ii) email address,
(iii) phone number (if group messaging is used),
(iv) payment confirmation details, and
(v) voluntary information provided in communications or assignments.

(b) Use of Information. Information is used solely to:

(i) provide Program access and communications,
(ii) administer sessions and materials,
(iii) respond to Participant inquiries,
(iv) improve future offerings, and
(v) send Program-related or marketing communications (from which Participant may unsubscribe at any time).

Company does not sell Participant data. Information is processed using reputable third-party service providers (e.g., payment processors, email platforms) subject to their own privacy practices.

For more information related to the collection of personal information, see the Company’s Privacy Policy located at https://incandescentcreative.com/privacy-policy.

7. Intellectual Property Rights; Ownership.

(a) Ownership. All Program content, including but not limited to teachings, frameworks, prompts, exercises, recordings, workbooks, slides, methodologies, and materials, is the exclusive intellectual property of Company (“Program Content”). All Program Content is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Program is prohibited, except as expressly permitted in this Agreement. Unless expressly stated otherwise in this Agreement, you do not acquire any ownership rights or other interest in any content by or through your use of the Program.

(b) License to Participant. Company grants Participant a limited, non-exclusive, non-transferable, revocable license to use Program Content for personal business development only.

If you wish to share my Content or promote Company on any social media platforms, you must receive approval from Company in writing and Company shall have final approval over any and all posts.

(c) Use of Live Session Recordings. Participant acknowledges that live sessions may be recorded. Company retains full rights to:

(i) reuse recordings,
(ii) edit or repurpose them,
(iii) include them in future or evergreen programs, or
(iv) use anonymized excerpts for educational or promotional purposes.

(d) Participant Contributions. Participant retains ownership of their own intellectual property but grants Company a perpetual, royalty-free license to use feedback, comments, or shared insights for Program improvement and marketing, provided no confidential business information is disclosed.

(e) Testimonials and Marketing. Company may use Participant’s comments, posts, or recordings while in the Program and any written feedback or testimonials for promotional purposes. Participants may opt-out of allowing the Company to use their name and/or show their face by writing to the Company via email.

8. Limitations of Liability and Indemnification.

(a) Nature of Program; No Guaranteed Result. The Program provides education, reflection, and strategic guidance only. It does not constitute legal, financial, marketing, therapeutic, or psychological advice. Company does not guarantee any specific outcome, revenue increase, brand success, audience growth, or business performance. Results depend entirely on Participant’s own implementation and external factors beyond Company’s control.

(b) Limitation of Liability. To the fullest extent permitted by law, Company shall not be liable for any indirect, incidental, consequential, or special damages arising from participation in the Program.

Company’s total liability for any claim shall not exceed the amount actually paid by Participant for the Program.

(c) Indemnification. Participant agrees to indemnify, defend, and hold harmless Incandescent Creative, its owners, employees, contractors, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

(i) Participant’s Business Use of Program Materials. Participant’s implementation, application, or use of concepts, strategies, or materials from the Program in Participant’s own business, marketing, branding, or client work.
(ii) Participant-Provided Content. Any materials, images, text, trademarks, or other content shared by Participant during the Program that infringe or allegedly infringe the rights of any third party.
(iii) Representations Made by Participant to Third Parties. Any claims, guarantees, or representations Participant makes to clients, customers, or others based on their participation in the Program.
(iv) Violation of These Program Terms or Community Guidelines.
(v) Unlawful or Negligent Conduct. Participant’s violation of applicable laws, regulations, or third-party rights in connection with their participation in or use of the Program.

9. Prohibited Use and Conduct.

(a) Prohibited Conduct. Participant agrees to engage respectfully and professionally. The following conduct is strictly prohibited:

(i) harassment, discrimination, or abusive behavior toward other participants;
(ii) solicitation, pitching, or promoting services to the group without permission;
(iii) sharing another participant’s confidential information;
(iv) recording sessions or distributing materials without authorization;
(v) infringing Company intellectual property;
(vi) using the Program for unlawful purposes.

Company reserves the right to remove any Participant whose conduct disrupts the learning environment. Removal does not entitle Participant to a refund.

10. Disclaimer.

(a) You acknowledge and agree that Anika Samples and the Company and any facilitators and/or coaches provided by the Company are not licensed therapists, psychologists, or medical professionals, and that the Program is provided are not a substitute for professional mental health care, medical treatment, or therapy.

All content, advice, and guidance provided through this Site are for personal and business development and educational purposes only. Company nor it’s representatives do not diagnose, treat, or provide any medical or psychological advice. If you require medical or psychological assistance, you should seek the services of a licensed healthcare professional.

You understand that any actions or decisions you make as a result of the Program are entirely your responsibility. The Company disclaim any liability for outcomes directly or indirectly resulting from the Program.

11. Entire Agreement. This Agreement, together with the Website Terms incorporated by reference, constitutes the entire agreement between Participant and Company regarding the Program.

12. Waiver. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement the Company must be in writing and signed by an authorised representative of the Company.

If you have any questions about the T&Cs, please contact us at [email protected]

Thank you.