Effective Date: The date you complete your Opulence Signature registration (the “Effective Date”).
Master Services Agreement (MSA), Opulence Lifestyle Management, Inc.
Introduction
This Master Services Agreement (“Agreement”) governs the provision of concierge and lifestyle management services (“Services”) by Opulence Lifestyle Management, Inc. (“Opulence,” “we,” “our,” or “us”) to the contracting entity (“Client”). By executing a proposal, scope of work, or otherwise engaging Opulence Teams, Client agrees to be bound by this Agreement.
1. Definitions
1.1. Client: The sports franchise, agency, corporation, or other business entity entering into this Agreement.
1.2. Authorized Users: Individuals (such as athletes, staff, or employees) designated by Client to receive Services under this Agreement.
1.3. Services: Concierge, lifestyle management, and related services provided by Opulence Teams pursuant to this Agreement.
1.4. SOW: A statement of work, proposal, or addendum executed by both parties describing specific Services, deliverables, and fees.
2. Scope of Services
2.1. Opulence Teams provides tailored concierge and lifestyle management services to Client and its Authorized Users, including but not limited to travel coordination, dining, event access, relocation assistance, and day-to-day lifestyle requests.
2.2. Specific Services, service levels, and availability will be outlined in an applicable SOW.
2.3. Opulence may engage third-party vendors, suppliers, or contractors (“Third-Party Providers”) in connection with Services.
3. Client Obligations
3.1. Accurate Information: Client must provide complete and accurate information necessary for the performance of Services.
3.2. Authorized Users: Client shall ensure that Authorized Users comply with this Agreement. Client remains responsible for all requests and costs incurred by Authorized Users.
3.3. Expense Responsibility: Client is responsible for all charges, fees, deposits, and expenses related to Services, whether billed through Opulence or directly by Third-Party Providers.
4. Fees and Payment
4.1. Pricing: Fees for Services will be set forth in the applicable SOW.
4.2. Payment Terms: Unless otherwise agreed in writing, invoices are due net thirty (30) days from the invoice date.
4.3. Credit Card Processing Fees: Payments made by credit card may be subject to processing fees, which shall be the responsibility of the Client.
4.4. Non-Refundable: Fees are non-refundable except as expressly provided in the applicable SOW or required by law.
5. Third-Party Providers
5.1. Client acknowledges that Services may be facilitated through Third-Party Providers. All arrangements with Third-Party Providers are made directly between Client (or its Authorized Users) and such providers.
5.2. Opulence is not responsible for the acts, omissions, errors, or negligence of Third-Party Providers and makes no representations or warranties regarding their services.
6. Confidentiality
6.1. Both parties agree to maintain the confidentiality of any non-public, proprietary, or confidential information disclosed in connection with this Agreement (“Confidential Information”).
6.2. Confidential Information shall not include information that is publicly available, independently developed without reference to the disclosing party’s information, or required to be disclosed by law.
7. Data Privacy
Opulence will collect and process personal data of Authorized Users solely for the purpose of fulfilling Services. All data will be handled in accordance with Opulence’s Privacy Policy and applicable data protection laws.
8. Limitation of Liability
8.1. To the maximum extent permitted by law, neither party shall be liable for any indirect, incidental, consequential, or punitive damages arising from this Agreement.
8.2. Opulence’s total aggregate liability under this Agreement shall not exceed the total fees paid by Client to Opulence in the twelve (12) months preceding the claim.
8.3. Opulence is not liable for the acts, omissions, or failures of Third-Party Providers.
9. Indemnification
9.1. By Client: Client agrees to indemnify, defend, and hold harmless Opulence, its officers, employees, and affiliates from any claims, damages, or losses arising from (i) Client’s or Authorized Users’ use of the Services, or (ii) Client’s breach of this Agreement.
9.2. By Opulence: Opulence agrees to indemnify and hold harmless Client from any claims arising out of Opulence’s gross negligence or willful misconduct in the performance of Services.
10. Force Majeure
Neither party shall be liable for failure or delay in performance caused by events beyond its reasonable control, including natural disasters, pandemics, strikes, acts of war, terrorism, or government actions.
11. Term and Termination
11.1. Term: This Agreement shall remain in effect for the duration specified in the applicable SOW.
11.2. Termination for Convenience: Either party may terminate this Agreement or any SOW with sixty (60) days’ written notice, subject to payment of all outstanding amounts due.
11.3. Termination for Cause: Either party may terminate immediately for material breach if not cured within thirty (30) days of written notice.
11.4. Upon termination, all unpaid fees and reimbursable expenses shall become immediately due and payable.
12. Intellectual Property
All intellectual property, content, and materials developed by Opulence in connection with Services remain the property of Opulence. Client shall not use Opulence’s trademarks, branding, or materials without prior written consent.
13. Dispute Resolution
13.1. Any disputes arising out of or relating to this Agreement shall first be addressed through good faith negotiations between senior executives of both parties.
13.2. If unresolved, disputes shall be submitted to binding arbitration under the rules of the American Arbitration Association.
13.3. Notwithstanding the foregoing, either party may seek injunctive or equitable relief in court to protect its intellectual property, confidentiality, or payment rights.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.
15. Entire Agreement
This Agreement, together with any applicable SOWs, constitutes the entire agreement between the parties with respect to Opulence Teams and supersedes all prior discussions, proposals, or agreements.
By proceeding with your Opulence Teams membership, you acknowledge that you have read, understood, and agreed to these Terms of Service.