KAREN DONDE HANDWOVENS, LLC

ONLINE INSTRUCTION AGREEMENT


Please read this Agreement carefully before purchasing, accessing, or using any Karen Donde Handwovens, LLC (“KDH”) materials, including any written, audio, or visual presentations or documents associated with the Course.

By purchasing and/or participating in a KDH course (“Course”), you agree to abide by this Agreement and the additional Policies & Guidelines attached hereto as Schedule A and incorporated herein by reference

If you do not understand or do not accept this agreement, please do not purchase this program and do not access any of KDH’s proprietary materials.


The terms “Karen Donde Handwovens”, “we”, “us”, and “our” refer to KDH, its employees, agents, and any contractors. 

The term “Website” refers to http://karendondehandwovens.com and Thinkific, the hosting platform used to deliver the Course.  

The term “Participant”, “user”, “you”, and “your” refers to student participants and any other users of the Website. 

The term “Course” refers to any and all courses taught by Karen Donde or contractors of KDH, and incorporates all educational and training materials made available to Participants. 

Enrollment in the Course, including use of all information and educational materials presented by Karen Donde and KDH, is subject to this Agreement. 

In consideration of the mutual covenants stated herein, the Parties agrees as follows:

  1. Disclaimer. KDH promises that all information provided by you will be kept strictly confidential, as permissible by law.  
  1. Program Structure. This is an online course. The majority of the content is delivered through Thinkific, an online teaching platform, and is reliant upon access to the internet. While some of the materials can be downloaded, most of the content requires an active internet connection to view. This course contains video, audio, and visual digital content. The following platforms and file types are used: Thinkific, Zoom, MP3s, MP4s, PDFs, and JPGs. It is your responsibility to work with the materials in the form they are provided. We do not create PDFs or other files from the curriculum upon request. Thinkific takes the protection of original content seriously and is not conducive to printing and PDF output. 
  1. Term. Access begins on the date of your enrollment. No refunds are given for any circumstances once your card has been charged.
  1. Termination/Cancellation. KDH is committed to providing all Participants in the Course with a positive experience. By enrolling in the Course, you agree that KDH may, at its sole discretion, terminate this Agreement and limit, suspend, or terminate your participation in the Course without refund if you violate these terms. No refund will be issued if you decide to terminate this Agreement. 
  1. Payment. Program prices are listed on the website and are subject to change. You grant KDH the authority to charge the credit card provided. You agree to provide current, complete, and accurate billing and credit card information. You authorize KDH to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided to Paypal or Stripe has expired. If payment is not received from your credit card issuer through Paypal or Stripe, you agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
  1. Refunds. All sales final. You are responsible for full payment of fees for the Course, regardless of whether or not you complete the Course. If you are unhappy with your experience in the Course, please email us at karen@karendondehandwovens.com as soon as you realize this and we will schedule a call to discuss your experience. We value your thoughts and feelings.
  1. Non-Disclosure of Company Materials. Material given to you in the course of your work with KDH are proprietary, copyrighted, and developed specifically for KDH. You agree that such proprietary material is solely for you own personal use. Any disclosure to a third party is strictly prohibited.
  1. Copyright, Licensing, and Sharing. Throughout the Course you will be provided a number of videos, PDFs, MP3s, and so on – original content KDH has developed for you. These materials are meant only for you. You agree not to share or distribute any content or materials publicly or privately (including with friends, spouses, colleagues, employees, business partners, and collaborators) during or after the course, in perpetuity. 

These materials are copyrighted. They are provided for your individual and personal use, and are granted as a single-user license. If you have registered with the intention of working this curriculum with a partner who is not enrolled, they will need to pay the full tuition amount in order to use these materials. Any Thinkific accounts that are shared or logged into by users other than the enrolled student will be terminated without refund. Thinkific maintains user logs with IP tracking which we will access if we suspect you have shared your credentials with someone else. 

You are not authorized to use any of KDH’s intellectual property for your business purposes. All intellectual property, including KDH’s copyrighted program and course materials, shall remain the sole property of KDH. No license to sell or distribute the Course materials is granted or implied. If there is content or a tool in the Course that you would like to incorporate into your own business, workplace, or client work, please email karen@karendondehandwovens.com and we will work out a licensing agreement. 

You agree that if you violate, or display any likelihood of violating, any of Participant’s agreements contained in this paragraph, KDH will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

See Schedule A for additional policies and guidelines. Thank you for your honesty and integrity.

  1. Non-Disparagement. You promise not to make any false, disparaging, or derogatory statement in public or private regarding KDH, its employees, or agents. KDH shall not make any false, disparaging, or derogatory statements in public or private regarding you and your relationship with KDH.
  1. Indemnification. You agree to indemnify and hold harmless KDH, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, your participation or action(s) under this Agreement. You agree to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, your participation under this Agreement, unless expressly stated otherwise by KDH, in writing.
  1. Relationship of the Parties. This Agreement shall not be construed to create between the parties a relationship of joint ventures, co-partners, employer and employee, franchise and franchisee, or any other similar relationship. Except as set forth in this Agreement, neither party shall have any authority to bind the other, and neither party shall be liable to any third party in any way for any engagement, obligation, contract, representation, or transaction or for any negligent act or failure to act of the other.
  1. Force Majeure. The performance of this Agreement by either party shall be subject to force majeure, including but not limited to acts of God, fire, flood, natural disaster, war or threat of war, acts or threats of terrorism, civil disorder, unauthorized strikes, governmental regulation or advisory, epidemic, pandemic, quarantine, curtailment of transportation facilities, or other similar occurrence beyond the control of the parties, where any of those factors, circumstances, situations, or conditions or similar ones prevent, dissuade, or unreasonably prevent KDH from fulfilling its obligations, or where any of them make it illegal, impossible, inadvisable, or commercially impracticable to fully perform the terms of this Agreement.
  1. Entire Agreement; Construction. This Agreement represents the entire agreement between the parties. No modification or waiver of any part of the Agreement shall be binding upon either party unless in writing. The parties acknowledge that each party has reviewed this Agreement, and the normal rule of construction that ambiguities shall be resolved against the drafting party shall not be employed in the interpretation of this Agreement.
  1. Waiver; Severability. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same provision or other provisions of this Agreement. If any part of this Agreement is held to be illegal, void, or unenforceable, for any reason, such holding shall not affect the validity and enforceability of any other part.  
  1. Dispute Resolution. If a dispute is not resolved first by good-faith negotiation between the Parties to this Agreement, every controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within 90 days from the date of the initial arbitration demand and shall take place in Mills River, North Carolina. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the 90-day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
  1. Choice of Law; Jurisdiction. This Agreement shall be governed by the laws of North Carolina. The parties agree that exclusive venue for any and all litigation between them arising from this Agreement and the business relationship created hereby shall take place in Henderson County, NC, and Participant expressly consents to the jurisdiction of the North Carolina courts.




SCHEDULE A


Course Policies & Guidelines


1. TECH REQUIREMENTS

This is an online course. The majority of the content is delivered through Thinkific, an online teaching platform, and is reliant upon access to the internet. Materials, exercises, forms and assignments that can be downloaded are marked as downloads. The majority of content requires an internet connection to view. 

2. COMMUNICATIONS 

Online courses will be taught by Karen Donde with assistance from Karen Donde Handwovens staff. Your interactions with us will happen through the discussion tabs on individual lessons, assignment uploads and review, community groups on Thinkific or other designated online forums, and/or scheduled live online sessions. If you have a concern that is not appropriate for online discussion, you may email karen@karendondehandwovens.com and we will reply to you within three business days.

Please note, we do not offer feedback on homework via email. We do not take phone calls. If you need help or want to engage more deeply with materials, please post your question in a Thinkific discussion tab or community so we can explore it together, as a group. We are actively engaged with online discussions, but please note that we do not reply to every discussion post. If you’d like to work in-depth with the particular issues concerning your weaving practice, one-one-one consulting sessions are available to you throughout the course for an additional fee.

You agree to use designated communication services only to send or receive messages and material that are proper and related to the course topic, without defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others. Neither will you upload files protected by intellectual property laws; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; attempt to sell or buy goods; conduct or forward surveys, contests, pyramid schemes or chain letters; harvest or otherwise collect information about others, including e-mail addresses, without their consent; or violate any applicable laws or regulations.

3. FEEDBACK ON HOMEWORK

Karen will respond to assignments as indicated in individual lessons. Some responses may be simple approvals, while others may include written comments or critiques. If you would like further feedback on the submitted assignments, please share your question in the community forum. For a personal response, you may schedule a oneon-one consulting session for an additional fee.

4. VIDEO CLASSES

Some courses include scheduled live video lessons on Zoom.us. These classes are designed to give you the opportunity to ask Karen questions directly. A registration link is included in the downloadable class schedule. All times are listed in Eastern US Standard/Daylight time. It is your responsibility to determine what time this is in your region. If you can't attend, don't worry, all classes are recorded and posted to the Thinkific classroom within 48 hours, for you to view. 

5. ACCESS TO ONLINE MATERIALS

You will have access to all Thinkific materials for the class in which you are enrolled for six months after completion of the course. After this date, you will not be able to access the course materials nor your completed assignments. Be sure to save a local copy of your work.

6. SHARING CONTENT

Throughout the online class, you will be provided a number of essays, PDFs, videos, MP3s, and so on, original content we have developed for you based on years of experience and thoughtful research. These materials are meant for only you. You agree not to share or distribute any content or materials publicly or privately, including with friends, spouses, colleagues, employees, business partners, and collaborators, during or after the course, in perpetuity. You are welcome to share snapshots of class materials or your assignments or projects on social media with proper credit to Karen Donde Handweaving Classroom. Thank you for your honesty and integrity. 

7. CONSEQUENCES FOR VIOLATING POLICIES AND GUIDELINES

Violations of any of these Policies and Guidelines will result in immediate removal from any and all existing or future classes offered by Karen Donde on Thinkific or another online platform, with no refund.