YourStory Terms of Service

These YourStory Terms of Service (these “Terms”) govern your purchase of any YourStory book. “You” refers to the couple whose story will be written in the YourStory book. “We” or “us” refers to Great Pond, LLC, a Virginia limited liability company, d/b/a YourStory by Michael Pickett.

These Terms contain the entire agreement and understanding between you and us with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter hereof. The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.

1.    Services

1.1. Services. We will provide you with the following services and/or products (“Services”):

  • interview you to learn your love story (the “Interview”);
  • write your love story into a manuscript (the “Manuscript”), the length of which depends on the YourStory book that you purchase (2,000 for the Story, 5,000 for the Tale, and 10,000 for the Saga);
  • add formatting and the Photographs (as defined below) to the the Manuscript (the “Design”); and
  • deliver the Design as a printed book in the format (linen-bound or leather-bound) that you purchase along with any other purchased upgrades and add-ons (the “Book”) which will be delivered to the address that you provide at the time of purchase (the “Delivery Address”).

2.    Price, Payment and Sequence of Performance

2.1. Price. The total price for the Services, including any applicable sales tax (the “Total Cost”), is as set forth on the checkout page when you made your purchase, which is due in full prior to delivery of the Book.

2.2. Payment Schedule. You may pay the Total Cost at the time of purchase, or in installments as we perform the Services. If you choose to pay the Total Cost in installments, you will pay it as as follows:

  • 10% when you made your purchase (the “Down Payment”);
  • 65% after we finish the Interview (the “Writing Payment”); and
  • 25% after you approve the Design (the “Book Payment”).

All payments are non-refundable. You agree that each payment fairly compensates us for the portion of the Services rendered up to the point of payment. If a payment is due, we will no obligation to perform any further services until we receive it. If you fail to satisfy any payment obligation within 60 days of the date on which such payment is due, you will be deemed to have cancelled this Agreement in accordance with Section 7.1 below.

2.3. Sequence of Performance. Both you and we will perform our respective obligations in accordance with the below schedule. Neither you nor we will be required to perform any of our respective obligations until the other has completed its immediately preceding obligation. Payment milestones are only applicable if you have elected to pay the Total Cost in installments.

  1. You pay the Down Payment.
  2. We send you an email to schedule the Interview at a mutually convenient time.
  3. You and we participate in the Interview.
  4. You pay the Writing Payment.
  5. You deliver the Photographs to us in electronic form.
  6. We deliver the Design to you in electronic form.
  7. You review the Design and either approve it as-is or request reasonable changes. If you request reasonable changes to the Design, we will revise and re-deliver the Design for your review and approval. If you fail to either approve the Design or request reasonable changes within four weeks of delivery or re-delivery of the Design, you will be deemed to have approved the Design. 
  8. Upon approval of the Design (actual or deemed) you pay the Book Payment.
  9. We deliver the Book to the Delivery Address.

3.    Delivery

3.1. Delivery. You acknowledge that our timely performance is dependent upon the your timely performance of your obligations as set forth above. We will have no liability for any late delivery of any kind.

4.    Intellectual Property

4.1. Copyright Ownership.  You acknowledge that the copyright in the Manuscript, the Design, and the Book (the “Copyrighted Works”) is owned exclusively by us and the you have no right to copy, distribute, sell, or publicize the Copyrighted Works except as explicitly set forth herein. You further acknowledge that we have the right to use the Copyrighted Works in the reasonable course of our business.

4.2. Permitted Uses of the Copyrighted Works. We grant you a non-exclusive license to copy, distribute, or publicize the Copyrighted Works for personal use only so long as you provides us with attribution each time you copy, distribute, or publicize the Copyrighted Works. Personal use includes, but is not limited to, use within the following contexts:

  1. In photos on your personal social media pages or profiles; or
  2. In personal creations, such as a scrapbook or personal gift; or
  3. In personal communications, such as a family newsletter or email or holiday card.

4.3. The Photographs. You represent that you either own the copyright in or otherwise have permission to deliver to us for use in the Design and the Book all photographs that you deliver to us (the “Photographs”). You agree to indemnify, defend and hold harmless us and our affiliates, employees, agents and independent contractors (collectively, the “Provider Indemnitees”) for any liability, claim or other cause of action for infringement of intellectual property rights related to the use of the Photographs in the Design or the Book. 

5.    Artistic Release; Subcontracting

5.1. Style. You have spent a satisfactory amount of time reviewing our work and have a reasonable expectation that we will perform the Services in a similar manner and style unless otherwise agreed between you and us.

5.2. Consistency. We will use reasonable efforts to ensure your desired Services are produced in a style and manner consistent with our current portfolio and we will try to incorporate any reasonable suggestion that you make. However, you understand and agree that:

  1. Every client and love story is different, with different developments, pacing, and significant events;
  2. Stories are often a subjective art and we have a unique vision, with an ever-evolving style and technique;
  3. We will use our artistic judgment when providing Services for you, which may not include strict adherence to your suggestions;
  4. Although we will use reasonable efforts to incorporate your suggestions and desires when performing the Services, we will have final say regarding the aesthetic judgment and artistic quality of the Services;
  5. Dissatisfaction with our aesthetic judgment or artistic ability are not valid reasons for requesting a refund of any amounts already paid.

5.3. Subcontracting. We will have the right to subcontract all or any portion of the Services; provided, however, that we will supervise the work of any such subcontractor and ensure that it reasonably adheres to the style of our prior work.

6.    Limit of Liability

6.1. Maximum Damages. You agree that the maximum amount of damages you are entitled to in any claim relating to the Services are not to exceed the Total Cost.

6.2. Indemnification. You agree to indemnify, defend and hold harmless the Provider Indemnitees for any injury, property damage, liability, claim or other cause of action arising out of or related to Services and/or product(s) we provides to you, except for any injury, property damage, liability, claim, or other cause of action arising out of our gross negligence or willful misconduct.

7.    Cancellation, Rescheduling and No-Shows

7.1. Cancellation. You may, at any time for any or no reason, cancel the Services by Notice to us. Upon cancellation, we will cease performing the Services, will have no obligation to perform further Services, and will not be entitled to any further payment, and the you will have no obligation to provide any further approvals or render further payment, and will not be entitled to a refund of any payments already rendered prior to providing such Notice of cancellation.

7.2. Rescheduling of the Interview or Client No-Shows. If you need to reschedule the Interview, you must notify us of such need promptly upon becoming aware of such need. If you fail to participate in the Interview without providing Notice, we will have the right to asses a $50 fee, which will be due and payable with the Writing Payment. For the avoidance of doubt, if you fail to participate in the Interview within ten minutes of the time that the Interview is scheduled to begin, you will be deemed to have failed to participate in the Interview. 

8.    Force Majeure

8.1. Force Majeure. Neither you nor us will be liable or responsible to the other party, nor be deemed to have defaulted under or breached these Terms, for any failure or delay in fulfilling or performing any obligation hereunder (except for any obligations to make payments hereunder), when and to the extent such failure or delay is caused by or results from events or circumstances beyond the impacted party’s (“Impacted Party”) control (“Force Majeure Events”), including, but not limited to, the following: (a) acts of God; (b) a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms, explosions, infestations), epidemic, or pandemic; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of your order; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; and (i) shortage of adequate power or transportation facilities. For the avoidance of doubt, the financial hardship of the Impacted Party will not qualify as a Force Majeure Event. The Impacted Party shall give prompt Notice of the Force Majeure Event to the other Party, stating the period of time the occurrence is expected to continue, if known at the time of such Notice. The Impacted Party shall use reasonable efforts to mitigate the failure or delay and resume the performance of its obligations as soon as reasonably practicable after the removal of the delay caused by the Force Majeure Event.

8.2. Failure to Perform Services. In the event we cannot or will not perform our obligations in any or all parts of these Terms, we (or a responsible party) will:

  1. immediately give Notice to you;
  2. attempt to find another competent professional to take our place with your mutual agreement;
  3. issue a refund of all amounts already paid if another competent professional is not available or you do not agree to the transfer of obligations to said alternate professional; and
  4. excuse you of any further performance and/or payment obligations in these Terms.

9.    General Provisions

9.1. Governing Law. The laws of the Commonwealth of Virginia govern all matters arising out of or relating to these Terms, including torts, with the exception of its conflicts of laws provisions that would apply the law of a different jurisdiction.

9.2. Severability. If any portion of these Terms is deemed to be illegal or unenforceable, the remaining provisions of these Terms remain in full force.

9.3. Notice. You and we will provide notice (“Notice”) to each other via either of the following methods:

  1. email, which shall only be effective by acknowledgement of receipt by the other party and sent to the following email addresses:
    • if to us:; and
    • if to you: the email address provided at the time of purchase; or
  2. certified mail, return receipt requested, which shall be effective three days after it is sent and delivered to the following addresses:
    • if to Provider:
      6125 Renoir Ln, Roanoke, VA 24018; and
    • if to Client:
      the address provided at the time of purchase.

9.4. Amendment. You and we may amend these Terms only with a written agreement.