Terms of Service

Stoked Entrepreneur

Last Updated: [Month Day, Year]

Business: Stoked Entrepreneur, operated by Joseph Descans [confirm legal entity, for example a California sole proprietorship or LLC] ("Company," "we," "us," or "our")
Address: [Business address], San Diego, CA [ZIP]
Contact: [support email] | [phone]

PLEASE READ THESE TERMS CAREFULLY. By booking a speaking engagement, enrolling in a course, purchasing a product, submitting a form, checking a box, clicking "Submit," "Enroll," or "I Accept," or communicating with us to obtain a quote or booking, whether through our website, by phone, by email, or by text message, you enter into a legally binding agreement with Stoked Entrepreneur. These Terms of Service ("Terms") govern all services and products we provide. If you do not agree to these Terms, do not use our services. Your electronic acceptance has the same legal force and effect as a handwritten signature under the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN) and applicable California law.

1. Our Services

Stoked Entrepreneur provides motivational and educational content and services delivered by Joseph Descans. Our core offerings are:

a. Speaking Engagements: Keynotes, school and youth assemblies, workshops, and virtual presentations on resilience, goal setting, entrepreneurship, and suicide prevention, booked by organizations, schools, and event hosts ("Client").

b. Books: Published titles by Joseph Descans, generally sold through third party retailers such as Amazon and Barnes and Noble.

c. Online Courses and Digital Products: Self paced online courses, memberships, and downloadable materials made available through our platform.

d. Free Content: Videos, newsletters, lead magnets, and other complimentary materials. These Terms apply to your use of all of the above.

2. Speaking Engagements

a. Booking and Confirmation: A speaking engagement is confirmed only when both parties sign a written engagement agreement or the Client pays the required deposit. The signed engagement agreement, including topic, date, location, format, fee, and expenses, controls the specifics of that engagement and supplements these Terms.

b. Fees, Travel, and Expenses: Speaking fees are quoted per engagement. Unless the engagement agreement states otherwise, the Client is responsible for reasonable travel, lodging, and related expenses for in person events. Fees and expense terms are disclosed in writing before the engagement is confirmed.

c. Deposit: To hold a date, a deposit of [25 to 50 percent, confirm] of the engagement fee may be required. Deposits reserve the date and are applied to the final balance. Deposits are non refundable if the Client cancels within [30 days, confirm] of the engagement date, except as provided in Section 2(e).

d. Client Cancellation and Rescheduling: Cancellations must be made in writing. Cancellations made [30 days or more, confirm] before the engagement may reschedule at no additional fee, subject to availability. Cancellations made within [30 days, confirm] may forfeit the deposit. Cancellations within [7 days, confirm] or a no access situation at the venue may be billed up to the full engagement fee.

e. Company Cancellation: If we must cancel due to illness, emergency, weather, travel disruption, or other circumstances beyond our reasonable control, we will notify the Client as soon as possible and either reschedule or refund the deposit for that engagement. Our liability for a cancellation is limited to a refund of amounts paid for that engagement.

f. Client Responsibilities: The Client is responsible for the venue, audio and visual equipment, a safe environment, timely access for setup, accurate audience and logistics information, and any promotion of the event. The Client confirms it has the authority to host the event and to admit the audience.

g. Sensitive Topics: For engagements that address suicide prevention or mental health, the Client agrees to coordinate with its own counseling or support staff and to make appropriate support resources available to attendees. Our presentations are educational and supportive in nature and are not a substitute for professional care or crisis services. See Section 8.

h. Content and Recordings: Joseph Descans retains all intellectual property rights in his presentations, materials, and remarks. The Client may not record, broadcast, reproduce, or create derivative works from an engagement without our prior written consent. Where recording is authorized, use is limited to the purpose stated in the engagement agreement.

3. Books

Books authored by Joseph Descans are generally sold and fulfilled by third party retailers. Purchases made through those retailers are governed by the retailer's own terms, pricing, shipping, and return policies. We are not responsible for transactions completed on third party platforms.

4. Online Courses and Digital Products

a. License to Access: When you enroll in or purchase a course, membership, or digital product, we grant you a personal, limited, non exclusive, non transferable, revocable license to access the content for your own individual use. You may not share your login, resell, redistribute, publicly display, or create derivative works from the content.

b. Enrollment and Payment: Prices are shown at the point of purchase. Payment is processed through our third party payment processor. You authorize us to charge your selected payment method for the amount shown, including any applicable taxes.

c. Subscriptions and Renewals: If a product is offered on a recurring basis, the billing interval and price are disclosed at checkout. Recurring plans renew automatically until canceled. You may cancel at any time before the next renewal through your account or by contacting us, and cancellation stops future charges. [If auto renewal is used, California's Automatic Renewal Law requires specific disclosures and a simple online cancellation path, confirm with counsel.]

d. Access and Availability: Access is provided for the period stated at purchase, which may be a fixed term or for as long as the product remains available. We may update, improve, or retire course content over time. We do not guarantee uninterrupted availability and may perform maintenance or make changes.

e. Refund Policy: [Select and confirm one. Option A: All course and digital product sales are final and non refundable due to the immediate access nature of digital content. Option B: We offer a [14 day] satisfaction guarantee. If you are not satisfied, request a refund in writing within [14 days] of purchase and before completing more than [percentage] of the course, and we will refund your payment.] Refund requests are sent to [support email].

f. No Guarantee of Results: Our courses and content share ideas, strategies, and personal experience for educational and motivational purposes. We do not guarantee any specific outcome, income, financial result, or level of success. Individual results depend on many factors within your control, including your effort, skills, and circumstances. Nothing in our content is financial, legal, tax, medical, or mental health advice.

g. Account Security: You are responsible for keeping your login credentials confidential and for all activity under your account. Sharing access is a breach of these Terms and may result in suspension without refund.

5. Intellectual Property

All content we provide, including the "Stoked Entrepreneur" name, logos, presentations, books, course materials, videos, text, graphics, and site design, is owned by or licensed to the Company and is protected by intellectual property laws. You receive only the limited access rights expressly described in these Terms. You may not copy, reproduce, distribute, publicly display, sell, or create derivative works from our content without our prior written consent.

6. Acceptable Use

You agree not to use our services or content to break the law, infringe the rights of others, share access you were not granted, scrape or harvest data, resell our content, or interfere with the operation or security of our platform. All persons interacting with us or our team agree to do so respectfully. Harassment, threats, or abusive conduct may result in immediate termination of services without refund.

7. Payments and Billing

Payments are processed by third party providers such as Stripe. By providing payment information, you represent that you are authorized to use the payment method and you authorize the charge shown. You are responsible for any applicable taxes. If a payment fails, we may suspend access until payment is resolved. If you believe a charge is incorrect, contact us at [support email] before initiating a chargeback. Initiating a chargeback without first contacting us is a breach of these Terms, and we maintain records to contest unwarranted chargebacks.

8. Disclaimers

a. Educational Purpose: Our content, presentations, and courses are provided for general educational and motivational purposes. They are not professional financial, legal, tax, medical, psychological, or mental health advice, and they do not create any professional relationship. Always seek qualified professional guidance for your specific situation.

b. Mental Health and Crisis Support: Some of our content addresses resilience, mental health, and suicide prevention. This content is intended to encourage hope and awareness and is not a crisis service, diagnosis, or treatment. If you or someone you know is struggling or in crisis, contact the 988 Suicide and Crisis Lifeline by calling or texting 988, or call 911 in an emergency. Support is free and confidential and available any time.

c. No Guarantee of Results: We make no guarantee regarding income, financial outcomes, or any specific result from our content, courses, or engagements. Examples and stories are for illustration and are not promises of your results.

d. Services Provided As Is: To the fullest extent permitted by law, our services and content are provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non infringement.

9. Limitation of Liability

To the fullest extent permitted by California law, the total liability of the Company and its owner, employees, and contractors for any claim arising from our services, content, or these Terms is limited to the amount you paid to us for the specific service or product giving rise to the claim. We are not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, lost income, or loss of data, even if advised of the possibility.

10. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its owner, employees, and contractors from and against any third party claims, damages, or losses arising from your use of our services or content, your breach of these Terms, your violation of any law, or, for hosted events, conditions of your venue or the conduct of your attendees.

11. Dispute Resolution and Arbitration

a. Governing Law: These Terms are governed by the laws of the State of California, without regard to conflict of law principles. The Federal Arbitration Act governs the arbitration provision below.

b. Good Faith Resolution: Before starting any formal dispute, both parties agree to try to resolve the matter informally by contacting us at [support email]. Most issues can be resolved directly.

c. Binding Arbitration: Any dispute arising from or relating to these Terms, our services, or our content shall be resolved by binding arbitration on an individual basis in San Diego County, California, administered by the American Arbitration Association under its applicable rules. You and we waive the right to a jury trial. [Arbitration terms should be reviewed by California counsel for enforceability and consumer notice requirements.]

d. No Class Actions: All disputes must be brought on an individual basis. Neither party may bring or participate in any class, collective, or representative action.

e. Small Claims and Opt Out: Either party may bring a qualifying claim in small claims court instead of arbitration. You may opt out of arbitration by sending written notice to [support email] within 30 days of first accepting these Terms, stating your full name and a clear statement of opt out. Opting out does not affect the rest of these Terms.

f. Venue and Time Limit: If a dispute proceeds in court, venue is exclusively in San Diego County, California, and both parties consent to jurisdiction there. Any claim must be filed within one year of the event giving rise to it, to the extent permitted by law.

12. Communications and Text Messaging

a. Consent: By providing your phone number or email and using our services, you consent to receive communications from Stoked Entrepreneur by email, phone, and text message regarding bookings, enrollment, scheduling, and related service communications. These communications may be sent through our business platform powered by Reachific or other communication tools.

b. Marketing: You may also receive occasional marketing messages such as promotions, new content, and announcements. Message and data rates may apply and message frequency varies.

c. Opt Out: You may opt out of text messages at any time by replying STOP to any message, and opt out of marketing email by clicking unsubscribe. Opting out of marketing does not affect transactional messages tied to an active booking or enrollment.

d. No Real Time Monitoring: We aim to respond promptly, but messages are not monitored around the clock. For urgent matters, call [phone] during business hours. For a mental health crisis, call or text 988.

13. Privacy

Our collection and use of your information is described in our Privacy Policy, which is incorporated into these Terms by reference.

14. Miscellaneous

a. Entire Agreement: These Terms, together with any signed engagement agreement, course enrollment terms, and our Privacy Policy, are the entire agreement between you and Stoked Entrepreneur and supersede prior discussions.

b. Amendments: We may update these Terms at any time. Updates are posted at this page. Continued use after an update is acceptance of the revised Terms.

c. Severability: If any provision is found invalid or unenforceable, the remaining provisions remain in full force and effect.

d. No Waiver: Our failure to enforce any provision is not a waiver of the right to enforce it later.

e. Assignment: You may not assign these Terms without our written consent. We may assign them in connection with a sale or transfer of the business.

f. Force Majeure: We are not liable for failure to perform due to circumstances beyond our reasonable control, including illness, severe weather, natural disasters, travel disruption, or platform outages.

g. Contact:
Stoked Entrepreneur
[Business address], San Diego, CA [ZIP]
[support email]
[phone]

By booking an engagement, enrolling in a course, purchasing a product, checking an agreement box, or otherwise proceeding, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Service. Your electronic acceptance is a valid signature under the E-SIGN Act and applicable California law.