You are hiring Us because your business is important to you, and you know we can help you. For us to work together, we have a few ground rules, Those are as follows:
- SERVICES. You are hiring us to perform certain services which have been previously described to you and said services are being made available to you through a members-only site (the “Services”) which you will have access to.
- TERM. Unless either You or We decide to stop working together, we each agree that the promises we make in this agreement will be in effect while we are working together. We’ll call this “the Term”.
- FEES. As with any professional, You are agreeing to pay Us for the service We are providing to You, as we have agreed to already, based on your program. That fee will also be invoiced to you.
For any open invoices, we’ll automatically bill your account or card, on file, that you provide us on the attached Auto-Pay Authorization, on the same date that we normally bill you for our services.
We’ll send invoices for the services we provide to you. Invoices are due and past due date If not paid by close of business on the fifth (5th) day after the date of invoice . You Agree that we will automatically bill your account balance using the account information you provide on the Auto-Pay Authorization, until you revoke that authorization in writing.
Timely payment of our fees is important so that we can continue to focus on doing our best for you, so we ask that you ensure there are sufficient funds to cover your invoice on its due date. If your invoice is not paid by the time its due, you understand that it will be necessary for us to add a late payment fee of $35 for each month your invoice remains outstanding. If we need to pursue arbitration or litigation, on disputed amounts, you agree to pay for attorney fees.
Although we don’t anticipate the need, we need to let you know that if the balance is not paid, or goes into default, your account may be sent to a Third-Party Collection Agency, in our sole discretion. If that happens, you will be responsible for paying all Collection Fees assessed by the Third-Party Collection Agency, by continuing and accepting our service or program, you indicate your agreement that you read, understand and agree to be bound by, the following statement:
In the event of non-payment, I authorize and agree to pay for all fees assessed as a result of my account being delinquent or in default, including but not limited to court costs, costs of collection, collection agency fees up to 1/3rd or 33% of my delinquent balance, recovery costs and/or attorneys’ fees as allowed by law.
- Communication: Regular communication is an important part of moving forward. While we promise to do our best to keep communication with you at all stages, in accordance with the terms of your plan, we also expect the same from you. Despite our attempts to communicate with you in hopes of moving you forward to the next milestone, if you lose contact with us for a period of thirty (30) days or more, you agree that this will immediately disqualify you from participating in our “+$25k Guarantee”.
- LOCATION. Depending on the Services You are hiring Us for, We will complete all Services at our location.
- INDEPENDENT CONTRACTOR STATUS. You understand that You and We are not in business together and we are not your employees. We are being hired as Independent Contractors and nothing in this Agreement creates, or is intended to create, any employment relationship between You and Us. You won’t be responsible for providing any employment benefits to Us, or Workers’ Compensation Insurance for Us.
As Independent Contractors, We will solely be responsible for any taxes and withholdings for any Compensation you pay Us. This includes anyone We hire to help Us perform Services for You. This necessarily means that We must have sole and absolute discretion for how we deliver the Services to You, in order to ensure our independent status.
- OUR REPRESENTATIONS TO YOU. We promise that any information, techniques, or practices that we describe, demonstrate or otherwise make known to You, do not violate anyone else’s rights. This includes any materials we may provide you with in connection with performing our Services, unless we inform you otherwise.
Our “+$25k Guarantee”. ONLY APPLIES TO SERVICES PERFORMED DIRECTLY THROUGH US, AND NO IN COLLABORATION WITH ANY OTHER BUSINESS OR ENTITY. We believe in what we do so strongly that we promise to generate an additional $25k in addition to your investment in our services. To do that, we need you to agree to the following as ground rules:
– You promise to keep all of your meetings. This time is important and should be treated as such, but we understand things come up. So, please, reschedule immediately if something comes up.
– You promise to do the work. We need you to stay engaged and prepare appropriately for all of your calls, which includes video trainings, thought exercises, etc. Even if you are on our Business Builder plan, your feedback is extremely important to your success. We suggest you use a digital notebook (like OneNote) or a physical notebook, to keep track of all work. We will ask to see it.
– You promise to “play all in”. It’s not enough to simply go through the motions. We’re going to give you tools to be successful. You must be willing to use them and implement them.
- CONFIDENTIALITY. By working together, We will learn a lot about your business and you may learn a lot about Us. We want you to succeed and promise not to disclose any of your Confidential or Proprietary information, unless you allow us to with your written approval first. We also promise not to claim your information as our own. You agree to do the same for Us.
This can include, but isn’t limited to (i) all information relating to either your or our Services; business and operations including, but not limited to, the business plans, financial records, customers, suppliers, vendors, services, costs, sources, strategies, inventions, procedures, sales aids or literature, pricing, price lists, trade secrets, procedures, computer programs and systems and know-how or other intellectual property, that may be at any time furnished, communicated or delivered by one party to the other, whether in any form; (ii) the terms of any agreement, including this Agreement, and the discussions, negotiations and proposals related to any agreement; and (iii) all other non-public information that may be provided by either You or Us.
- OTHER EMPLOYMENT. While we are working together, we may work with other businesses that may or may not be similar to yours. You promise that you won’t start another business that directly competes with ours.
- LIMITATION OF LIABILITY. WE ARE PROVIDING CERTAIN CONSULTING SERVICES TO YOU, WHICH MEANS WE WILL BE MAKING CERTAIN RECOMMENDATIONS TO YOU. HOWEVER, YOU UNDERSTAND THAT YOU ARE THE FINAL DECISION-MAKER. YOU AGREE TO NOT HOLD US, OR ANYONE EMPLOYED BY US, LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT IN LOSS OF REVENUE, OR OTHER DAMAGE TO YOUR BUSINESS.
YOU ALSO UNDERSTAND THAT, WHILE THE OWNER AFTOKRAT ACADEMY LLC IS AN ATTORNEY, WE ARE NOT A LAW FIRM AND DO NOT PROVIDE LEGAL ADVICE OR SERVICES AND CANNOT PROVIDE ANY LEGAL ADVICE TO YOU HERE.
- NO SOLICITATION. While we are working together, and for one (1) year after we finish, we promise not to make any attempt to convince any of your clients, vendors, employees, representatives or agents to end their relationship with you for any reason. You agree to do the same for Us.
- INTELLECTUAL PROPERTY RIGHTS. What’s yours is yours and what’s ours is ours. Unless we get your written permission to use any of your intellectual property, we won’t do so. You promise to do the same with our intellectual property.
- ASSIGNMENT OF RIGHTS. Sometimes, in providing Services to you, we may need to create certain materials that help Us deliver Services to You. If that happens, You agree that those materials will not be considered a “work made for hire” and will remain Our sole property. However, We will give you a non-exclusive, royalty-free license to use those things while we are working together. If we stop working together, you may continue to use those materials in the same manner, unless we advise you otherwise in writing.
- REMEDIES. You and I agree that we are both relying on this agreement in a number of ways, especially regarding the Confidential and Proprietary Information. If either You or We breach this agreement, or threaten to breach it, we both understand that we may not have an adequate legal remedy. Because of that, the non-breaching party will be entitled to receive an injunction, without bond and without the need of proving actual damages, in order to prevent any further breach or threatened breach of this Agreement by the breaching party, in addition to all other remedies available in law or at equity.
- INDEMNIFICATION. Because you are the final decision-maker, You agree to indemnify, defend, and hold Us harmless from and against any and all losses, claims, and expenses (including reasonable attorney fees) to Us, directly or indirectly, arising out of or resulting from any act or omission related to the Services We perform on your behalf, under this Agreement.
- NO ASSIGNMENT. We’ve agreed to work with You, and You’ve agreed to work with Us. That is extremely important to Us. We both agree that neither will assign any right in or obligation arising under this Agreement without prior written consent. Any assignment without that consent will be considered void. This Agreement shall be binding on and inure to the benefit of each of your and our respective heirs, executors, legal representatives, successors, and permitted assigns.
- TERMINATION. You may terminate this Agreement at any time after your initial commitment, with or without cause, by simply giving us thirty (30) days’ prior written notice. You acknowledge that we can also do the same. If one of us terminates this agreement, You agree that you will still be responsible to pay for the Services we performed BEFORE that termination becomes effective.
- NOTICES. Whenever notice is required under this Agreement, any reasonable means will suffice. This can be through personal delivery, e-mail, fax, mail, etc. That notice will become effect when it is received, and we both agree to acknowledge such receipt as timely as possible.
- FURTHER ASSURANCES. From time to time, we may need additional documents or other agreements executed to continue our relationship. You agree to execute such instruments, documents and other agreements, as may be reasonably necessary to carry out the purposes and intent of this Agreement. We promise to do the same for you.
- SURVIVAL. Everything in this agreement is meant to protect You and Us. In furtherance of that goal, common sense should reign supreme. If any of these terms extend or should extend beyond termination or expiration of this Agreement, we both agree that they shall survive and continue in full force and effect after any termination or expiration of this Agreement.
- FORCE MAJEURE. Sometimes, things happen that are out of our control, that may prevent us from performing our Services for You. Some of these things may include, but not limited it, fire, flood, inclement weather, accident, earthquake, telecommunications line failures, electrical outrages, network failures, acts of God, terrorism, civil commotion, or labor disputes. We’ll do what we can, within reason, to provide Our Services anyway. If we cannot do so because of those unexpected events, we’ll let you know as soon as we can and you promise not to hold us liable for any damage You may incur as a result. We also make the same promise to you.
- GOVERNING LAW. If we have an argument about this agreement or anything related to this agreement, You agree that California law will be applied, only, and without reference to rules regarding conflicts of law.
- COUNTERPARTS & ELECTRONIC SIGNATURE. This Agreement may be executed in multiple counterparts, each of which shall constitute an original and all of which together shall constitute one instrument, AND that signature may be completed with an eSignature system, for who’s terms you agree to be subject to for the purpose of confirming your eSignature authorization.
- SEVERABILITY. If any of these ground rules are found to be inapplicable, invalid, void, or unenforceable, we both agree that those remaining ground rules and any further application of them shall, continue in full force and effect without being impaired or invalidated in any way.
- WAIVER. We may, or You may, waive one or more of these ground rules from time to time. If that happens, we agree that doing so DOES NOT waive those ground rules permanently and they will always remain a condition of You working with Us.
- ENTIRE AGREEMENT. This Agreement contains our entire agreement and represents each of our understanding of this relationship. This Agreement merges and supersedes all prior agreements, discussions, and writings with respect to these Services. No modification or alteration of this Agreement shall be effective unless made in writing and signed by both You and Us.