CLIENT AGREEMENT TERMS & CONDITIONS POLICY

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This Agreement (“Agreement”) is made once payment has been made by way of accepting service (s) provided to client and client has made payment by and between Bayou Moon Editing (“Consultant”), and (“Client”). 

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1. Relationship. Consultant will provide the following Services (“Services”) to Client: developmental editing and feedback for client’s story pages (as specified by the selected service/s), and, book coaching (if included in the selected service/s). Coaching call/s with the Consultant are geared to support the Client through discussion of story feedback, exploring next steps, or brainstorming story-related ideas. To support these Services, Client is entitled to reasonable email correspondence after initial pages are submitted and/or throughout the duration of the service. Client understands and agrees that these services are not a guarantee of publication. Book Coaching and Editing are intrinsically subjective processes of offering advice and suggestions to the Client. Coaching the Client through the writing of a creative work such as fiction is perhaps the most subjective activity possible in the field of literature. The Consultant’s sole function is to aid and assist the Client in drafting or revising the Manuscript and/or Pages. The Consultant will use her background and experience to assist the Client through this process. In this light, the Consultant will make her best efforts to advise and suggest changes to improve the Manuscript and/or Pages. The decision to accept or reject the Consultant’s suggestions is finally and solely the Client’s. 

 

There are no guarantees in the highly competitive field of publishing. In large part, the acceptance of a manuscript for publication is the subjective decision of a publisher and its editors. This decision is subject to the whims of taste and perceived marketability of the manuscript. This Consultant while working to aid the Client in preparing the best manuscript/pages possible given the submitted material and the level of coaching and editing requested, has no way of judging the market or the whims and caprices of the publishing industry. The Consultant cannot guarantee procurement of an agent by the Client or publishing success. 

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2. Fees. Payment is due in full to begin the project unless otherwise agreed upon. 

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3. Client Prerequisites. Client will provide Consultant with the required pages determined by the selected service within the first 5 days after service payment, unless otherwise approved by Consultant, including any other requested Client Intakes (such as a 1-paragraph or 1-page summary about the story or, additionally, a Client Questionnaire). If you need additional time, please contact Consultant. 

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Client understands and acknowledges that Consultant does her best to respond to Client communications via email within 1-3 business days. For scheduling coaching calls, Consultant may send a scheduling link or arrange a remote meeting via email.  If rescheduling is required for the Consultant, due to unforeseen events, Consultant will propose a new date and time to meet with Client. If Client needs to reschedule, Client may propose a new date and time for Consultant’s approval. If, however a client misses two deadlines, the service may be terminated by the Consultant at her discretion with no refund granted. Reinstatement via new purchase of selected Service or Services is also at Consultant’s discretion and the new start date is decided based on Consultant’s schedule and availability. 

 

4. Term. Consultant shall provide Service/s to the Client starting once payment is made and ending once project is completed. 

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5. Deadline Policy Deadlines are the responsibility of the Client. If a submission deadline is missed, the Client may need to wait until the following week to receive feedback depending on Consultant’s schedule and availability. If both a deadline and call are missed without advanced notice, the deadline may be forfeited.

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6. INTELLECTUAL PROPERTY. The Client owns all moral, literary, and intellectual property rights to the work produced by the Consultant under this Agreement. The Consultant hereby assigns any and all rights to the work completed under this Agreement to the Client and agrees not to challenge the Client’s right to the work. 

 

7. Use of Name and Likeness. Occasionally, Consultant may request testimonials from Clients. With written email permission from the Client, Consultant has the right to use Client’s name, book/story cover (if available), book/story title, and/or likeness (if available) in marketing and/or advertising campaigns. 

 

8. Cancellation. Services completed as described in the service description are not subject to refunds. The Client will not be reimbursed for services cancelled once work has begun. All sales are final. 

 

For monthly packages, Consultant bills monthly. Once the monthly minimum for the services/sessions has been reached, Client can choose to cancel any upcoming coaching sessions, if applicable, by giving 30-day notice via email.

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Consultant may reject a Client order and/or immediately terminate this Agreement, upon notice to the Client for any of the following reasons: (a) if the Client fails to make payment when due or otherwise fails to perform any of the provisions of this Agreement, such as providing the information necessary for us to perform the duties of the project (b) if the Client becomes, hostile, abusive and demanding of additional services to be performed without compensating. If this Agreement is terminated for any of these reasons, the Client will nevertheless remain liable for balances due on any products and services that were purchased, whether billed or unbilled, and Consultant will send an invoice to the Client, which the Client agrees to promptly pay. 

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9. Deferment Policy. Life situations happen that are beyond our control. Please notify Consultant as soon as possible if you need to defer the remainder of your package for a short period of time. Consultant will propose a solution that is equitable. The re-start date will be at such time when the Client can resume and when Consultant has room in her schedule. Plans cannot be deferred longer than three months once payment has been made. If more than three months passes, Client must enter into a new agreement in order to continue coaching with Consultant. 

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10. Miscellaneous. 

(a) LIMITATION OF LIABILITY. IN NO EVENT SHALL THE CONSULTANT HAVE ANY LIABILITY TO CLIENT FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND IN NO EVENT SHALL THE CONSULTANT’S LIABILITY EXCEED THE FEES PAID UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

 

11. INDEMNITY.

The Client agrees to indemnify and save harmless the Consultant from any and all claims and demands, including legal fees, arising out of any alleged libel or copyright infringement committed by the Client in creating the work. 

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(b) Governing Law. The validity, interpretation, construction and performance of this Agreement, and all acts and transactions pursuant hereto and the rights and obligations of the parties hereto shall be governed, construed and interpreted in accordance with the laws of the state of Louisiana, without giving effect to principles of conflicts of law. 

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(c) Entire Agreement. This Agreement sets forth the entire agreement and understanding of the parties relating to the subject matter herein and supersedes all prior or contemporaneous discussions, understandings and agreements, whether oral or written, between them relating to the subject matter hereof. 

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(d) Chargebacks. No charge backs will be accepted for any reason whatsoever. 

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12. Policy Changes. Consultant has the right to update and make changes to this policy at her discretion. Current clients will be informed of changes through email notice and/or via Consultant’s website terms and conditions. However, it is up to the Client to stay informed of current policy. Policy questions may be sent via email to Consultant. 

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The parties have executed this Agreement as of the date in which the client has accepted the service, and payment has been made to the consultant to begin the project. 

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By paying for this service, you are agreeing to the terms and conditions listed here and throughout. Please email Letitia@bayoumoonediting.com for any clarification or questions. Special arrangements can only be made with Letitia Ntofon, founder of Bayou Moon Editing.

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Now let’s have fun and dive into your story! Happy Writing!
Bayou Moon Editing