SUNLIGHT TAX, LLC
MONEY Bootcamp Agreement
By purchasing and/or participating in Money Bootcamp (“Program”), you are agreeing to the following terms.
Please read this Agreement carefully before purchasing, accessing or using any Sunlight Tax LLC (“Sunlight Tax”) materials, which include any written, audio, or visual presentations or documents associated with the Program.
By checking next to the sentence “I agree to abide by the Money Bootcamp Agreement” on the signup page, you agree to abide by this Agreement and the additional Bootcamp 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 Sunlight Tax’s proprietary materials.
The terms “Sunlight Tax,” “we”, “us”, and “our” refer to Sunlight Tax LLC. The term “Website” refers to sunlighttax.com and/or any hosting platform used to deliver the Program.
The term “Participant”, “user,” “you” and “your” refers to participants, team members (including employees, contractors and other representatives of Participant and Participant’s company) and any other users of the Website.
The term “Program” refers to educational and training materials made available to Participants in the Basic Training course package, the Bootcamp Membership and the 1:1 Tax Plus Membership.
The term “Services” refers to tax preparation services made available exclusively to 1:1 Tax Plus Membership Bootcamp participants who have signed an Engagement Letter with Sunlight Tax.
Use of the Program, including all information and educational materials presented by Sunlight Tax, is subject to this Agreement. This Agreement applies to all Participants and all other users of the Website. By purchasing the program and/or using the Site or Service you agree to these terms, without modification, and acknowledge reading them.
SCOPE. Membership in the Program includes access to the information and educational materials described on the Website. Program content may change from time to time at the discretion of Sunlight Tax. The current version of the Program may be accessed on the Website.
a. Materials provided by Sunlight Tax are for education and/or illustration purposes only, and are provided with the understanding that Sunlight Tax has not been engaged to render tax, legal, accounting, financial, or other professional opinions. No additional support, training, or act on our part is promised or implied, except as appears in the Agreement.
b. You understand that enrollment and participation in the Program does not amount to a tax advice relationship between you and us, our employees, or contractors, unless we enter into a separate written agreement with you for legal services. You understand that, with respect to the Program, Sunlight Tax’s founder, her employees, and contractors are not acting in their capacity as tax advisors and no statements or information made by Sunlight Tax’s founder, employees, and contractors shall be construed as tax advice. You further understand that, although tax information may be communicated to you during the Program, such information is not tax advice. Your reliance on such tax information is at your own risk.
c. The Membership Program may only be accessed while you are a current paying member.
SERVICES. Tax preparation services include preparation of and advice on Individual (1040) Federal and State income tax returns, subject to the limitations described in the attached Engagement Letter. If tax preparation services (“Services”) are required, Participant must sign up for the 1:1 Tax Plus Membership Bootcamp and enter into the attached Engagement Letter.
FEES AND OTHER PARTICIPANT DUTIES. Participant shall pay the fees for the Program and/or Services on an annual subscription basis, billed either monthly or annually.
a. Compensation: In consideration for the Program and/or Services provided by us to you as set forth in paragraph 1 and 2 above, you agree to pay us the current Program fee at the time of joining as a one lump sum payment for 12 months of access or in monthly payments. If you pay for 12 months in advance, you agree that you will automatically continue to be charged on a month-to-month basis after the first 12 months until you cancel. You understand that you will not receive an invoice reminder for these payments. In the event that any authorized charge applied by us to your card fails, you remain responsible for payment as agreed herein, as well as any penalty fees as detailed in paragraph (b).
b. Late Payment. If any fee outlined in paragraph (a) remains unpaid on the 7th day following its due date, a penalty fee of ten percent (10%) of the payment due will be assessed. We reserve the right to restrict your access to the Services, or terminate your participation in the Services unless and until all outstanding program fees and assessed penalties are paid in full. If your Program fees remain unpaid 15 days after the initial due date, your account will be referred to our collections agency.
c. Payment Security and Chargebacks. To the extent that Participant provides Sunlight Tax with credit card(s) information for payment on Participant’s account, Sunlight Tax shall be authorized to charge Participant’s credit card(s) for any unpaid charges on the dates set forth. If client uses a multiple-payment plan to make payments to Sunlight Tax, Sunlight Tax shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Participant shall not make any chargebacks to Sunlight Tax’s account or cancel the credit card that is provided as security without Sunlight Tax’s prior written consent. Participant is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Participant shall not change any of the credit card information provided to Sunlight Tax without notifying Sunlight Tax in advance.
d. Tools to Be Provided by You. You agree to provide all tools, information and documentation that may be required by us to effectively perform said responsibilities in connection with the Program and/or Service.
e. Additional Participant Duties. You understand that your success in the Program is dependent upon your level of participation in the Program. In order to get the most out of the Program, you must also work to implement the tools and strategies learned throughout the Program, and make considerable efforts toward your own personal and professional development on your own time during the term of the Program. You are responsible for requesting support from us, if needed.
TERM. The term of this Agreement shall begin on the date of first payment for the Program and/or Services and continue for 12 months.
PROGRAM REFUNDS. You have the right to cancel this Agreement within 14 days of your date of purchase. You will receive a full refund of any payments you have made, unless such cancellation is made after you have accessed more than 10% of the course content, in which case you will be required to pay for any part of the Program accessed. This amount will be calculated by Sunlight Tax on a pro rata basis.
SERVICE REFUNDS. Participant may choose to switch from 1:1 Tax Plus Membership Bootcamp (with tax filing) to Bootcamp Membership (without tax filing) before March 15, 2022. If Participant does not have tax materials ready, an extension is also an option upon prompt notice to Sunlight Tax. The deadline for switching to Bootcamp Membership (without tax filing) is March 15, 2022, with a pro-rated refund. Sunlight Tax will not provide refunds for requested switches or cancellations after March 15, 2022.
INTELLECTUAL PROPERTY. Participant agrees that the Program contains proprietary content (“Intellectual Property”) that is owned solely by Sunlight Tax and/or its licensors and is protected by copyright, trademark, and any other applicable intellectual property laws. Sunlight Tax retains the sole right to use, reproduce, and distribute the Intellectual Property throughout the world in any and all mediums. Sunlight Tax grants Participant a license to use the Intellectual Property solely for Participant’s own noncommercial purposes. Participant agrees that it has no right to create derivatives of, share, reproduce, distribute, modify, translate, post, license, sell, loan or otherwise exploit the Intellectual Property, whether commercially or non-commercially, and acknowledges that doing so constitutes a violation of law. For the avoidance of doubt, Participant agrees not to create any derivative products, blog posts, websites, guides, worksheets, tool kits, videos, audio recordings, or the like based on Sunlight Tax’s Intellectual Property or that in any way violate Sunlight Tax’s Intellectual Property. Any registered or common law trademark, service mark, logo or tagline used in conjunction with the Program is property of Sunlight Tax. Participant may not use such trademarks or service marks for any purpose except with written permission by Sunlight Tax.
INDEPENDENT CONTRACTOR RELATIONSHIP. This Agreement shall not render Sunlight Tax an employee, partner, agent of, or joint venturer with the Participant for any purpose. Sunlight Tax is and will remain an independent contractor in its relationship to the Participant. Sunlight Tax is or remains open to conducting similar tasks or activities for entities other than the Participant and holds itself out to the public to be a separate business entity. Sunlight Tax shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under this Agreement. Sunlight Tax shall be responsible to the ownership and management of the Participant, but Sunlight Tax will not be required to follow or establish a regular or daily work schedule. Sunlight Tax will not rely solely on the equipment or offices of Participant for completion of tasks and duties set forth pursuant to this Agreement. Any advice given to Sunlight Tax regarding services performed for the Participant shall be considered a suggestion only, not an instruction. Sunlight Tax and Participant agree to conform to any and all IRS tests necessary to establish and demonstrate the independent contractor relationship between Participant and Sunlight Tax.
CONFIDENTIAL INFORMATION.
a. Participant Information: Any and all Participant information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know how, business and process information (hereinafter referred to as “Confidential Information”), shall be treated by Sunlight Tax in the strictest confidence and not disclosed to third parties or used by Sunlight Tax for any purpose other than for providing Participant with the Program and/or Services specified hereunder without Participant’s express written consent, other than to comply with law. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Sunlight Tax, (b) was in Sunlight Tax’s possession prior to receipt from the disclosure, (c) is received by Sunlight Tax independently from a third party free to disclose such information, or (d) is independently developed by Sunlight Tax without use of the Participant’s Confidential Information.
b. Fellow Participant Information: Participant agrees to keep confidential any Confidential Information, as defined in paragraph 9(a), shared by fellow participants in the Program (herein referred to as “Fellows”). Any Confidential Information shared by Fellows is confidential, proprietary, and belongs solely and exclusively to the Fellow who discloses it. Participant agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, in the Membership Community within the teaching platform or otherwise. Participant agrees not to use such Confidential Information in any manner other than in discussion with Fellows during the Program. Participant shall not include information rightfully obtained from a third party. Participant will keep Fellows’ Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.
c. Sunlight Tax Information: Participant agrees to keep confidential any Confidential Information, as defined in paragraph 9(a), shared by Sunlight Tax in the Program. Any Confidential Information shared by Sunlight Tax, its employees or contractors is confidential, Proprietary, and belongs solely and exclusively to Sunlight Tax. Participant agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, in the Membership Community within the teaching platform or otherwise. Participant agrees not to use such Confidential Information in any manner other than in discussion with other Participants during the Program. Confidential Information shall not include information rightfully obtained from a third party. Participant will keep Sunlight Tax’s Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, loss and theft.
d. Violations. Participant agrees that if Participant violates or displays any likelihood of violating this paragraph 9 the Sunlight Tax and/or the other Program Participant(s) will be entitled to injunctive relief to prohibit any such confidentiality violations to protect against the harm of such violations.
NON-DISPARAGEMENT. Participant shall, during and after the participation in the Program, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Sunlight Tax, or any of Sunlight Tax’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.
NO GUARANTEES. As set forth more fully in the Disclaimer, you agree that the Sunlight Tax has not made any guarantees about the results of taking any action, whether recommended in the Program or not. Sunlight Tax provides educational and informational resources that are intended to help Participants succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Sunlight Tax. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether Participants in the Program or otherwise – applying the principles set out in this Program are no guarantee that you or any other person or entity will be able to obtain similar results.
WARRANTIES. SUNLIGHT TAX MAKES NO WARRANTIES AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.
IN NO EVENT SHALL SUNLIGHT TAX BE LIABLE TO PARTICIPANT OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUNLIGHT TAX HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL SUNLIGHT TAX’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNTS PAID OR PAYABLE TO SUNLIGHT TAX PURSUANT TO THIS AGREEMENT.
CIRCULAR 230 DISCLOSURE. To ensure compliance with Treasury Department regulations, Sunlight Tax hereby informs Participant that, unless otherwise expressly indicated, any tax advice contained in any communications by Sunlight Tax are not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code, or (ii) promoting, marketing, or recommending to another party any transaction or matter that is contained in such communication.
FORCE MAJEURE. Neither Party will be liable for any failure or delay in performing an obligation under this Agreement that is due to any of the following causes, to the extent beyond its reasonable control: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy. For the avoidance of doubt, Force Majeure shall not include (a) financial distress nor the inability of either party to make a profit or avoid a financial loss, (b) changes in market prices or conditions, or (c) a party's financial inability to perform its obligations hereunder.
EFFECT OF HEADINGS. The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; MODIFICATION; WAIVER. These terms constitute the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.
NEUTRAL CONSTRUCTION. This Agreement was prepared by Sunlight Tax and/or its legal counsel. It is expressly understood and agreed that Sunlight Tax shall not be construed against Sunlight Tax merely because they were prepared by its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.
ASSIGNMENT. This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that Participant may not assign any of its rights under this Agreement, except to a wholly owned subsidiary entity of Participant. No such assignment by Participant to its wholly owned subsidiary shall relieve Participant of any of its obligations or duties under this Agreement.
NOTICES. All notices, requests, demands, and other communications under these Participant shall be in writing and properly addressed as follows:
Sunlight Tax LLC
54 Coleman Avenue
Asheville, NC 28801
To Participant at Participant’s address provided at the time of purchase.
Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address.
GOVERNING LAW; VENUE; MEDIATION. This Agreement shall be construed in accordance with, and governed by, the laws of the State of North Carolina as applied to contracts that are executed and performed entirely in North Carolina. The exclusive venue for any court proceeding based on or arising out of this Agreement shall be Buncombe County, North Carolina. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by negotiation. The parties further agree that their respective good faith participation in negotiation discussions is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
SEVERABILITY. If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of this Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
SCHEDULE A
Money Bootcamp Policies & Guidelines
SPOUSES. If you file a joint return, this means your spouse is included in our tax work together, and it is your responsibility to communicate with them and obtain their consent that Sunlight Tax is preparing the tax filing. Obtaining the cooperation of your spouse, including the uploading of their documents, and inclusion of their required tax information on our tax organizer is your responsibility. In the event of an uncooperative spouse, given that we have allotted a limited space in our practice for your joint return, we reserve the right to charge in full for 1:1 Tax Bootcamp. There are no refunds for uncooperative spouses.
INTERNATIONAL TAX: Sunlight Tax does not prepare taxes with international tax situations (besides FBAR filing).
COMPLEXITY. If your taxes involve extra complexity, we reserve the right to charge you for the additional time it takes to complete your return. This is very rare, but if your tax return has cost you over $700 in the past, or you have excessive brokerage transactions or cryptocurrency transactions, or complex/multiple real estate transactions, or other unusual circumstances, you may be charged additional fees at our standard rate of $180/hour. Complexity is determined at our sole discretion.
COACHING. Coaching session must be completed prior to the end of the subscription term or 12 months, whichever comes first, or sessions will be forfeited. Participant is responsible for scheduling the coaching session. All coaching calls take place outside of tax season, which is February 1 - April 20 of any calendar year.
CORPORATE TAXES. Separate fee applies for corporate tax filings.
DISCOUNTS. Discounts are available for full up-front payment of the total annual subscription fee at the discretion of Sunlight Tax.
CONDUCT. Artists are beloved to us. Our Participants are almost always kind and respectful, and treat our work together with the professionalism and mutual respect that it deserves. On those very rare occasions when a Participant fails to uphold their side of our agreement by neglecting to communicate, deliver requested work documents on time or with the necessary communication, attempts to evade tax laws that we are duty-bound to uphold, or becomes unprofessional or abusive, we reserve the right to terminate the relationship immediately, at our sole discretion.