Niemiec Consulting (the "Service Provider").
A The Customer is of the opinion that the Service Provider has the necessary qualifications, experience and abilities to provide services to the Customer.
B The Service Provider is agreeable to providing such services to the Customer on the terms and conditions set out in this Agreement.
IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Customer and the Service Provider (individually the "Party" and collectively the "Parties" to this Agreement) agree as follows:
Services Provided: The Customer hereby agrees to engage the Service Provider to provide the Customer with services (the "Services") consisting of:
- 8 - 90 minute group calls
- 12 - Step-by-step training modules to start + grow your fitness business
- Welcome + Orientation Packet
- Exposure opportunities on email campaigns, social media platforms, and Facebook ads.
- The Services will also include any other tasks which the Parties may agree on. The Service Provider hereby agrees to provide such Services to the Customer.
- Term of Agreement
The term of this Agreement (the "Term") will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended by mutual written agreement of the Parties.
Performance: The Parties agree to do everything necessary to ensure that the terms of this Agreement take effect.
Currency: Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in USD (US Dollars).
Compensation: For the services rendered by the Service Provider as required by this Agreement, the Customer will provide compensation (the "Compensation") to the Service Provider as follows:
- Customer pays price listed in invoice provided and all sales are final.
- The Compensation will be payable, while this Agreement is in force, according to the following payment terms: Payments are due in full before services begin unless otherwise agreed upon.
Provision of Extras: The Customer agrees to provide, for the use of the Service Provider in providing the Services, the following extras: N/A
Payment Penalties: In the event that the Customer does not comply with the rates, amounts, or payment dates provided in this Agreement, a late payment penalty will be charged as follows:
- Services will be put on hold until full payment has been made. If payment is not made within the date agreed upon, customer will forfeit and future trainings or courses.
- Once all forms have been signed and services begin, there is no refund of payments.
Confidentiality: Confidential information (the"Confidential Information") refers to any data or information relating to the Customer, whether business or personal, which would reasonably be considered to be private or proprietary to the Customer and that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Customer. The Service Provider agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Service Provider has obtained, except as authorized by the Customer. This obligation will end on the termination of this Agreement. All written and oral information and material disclosed or provided by the Customer to the Service Provider under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Service Provider.
Ownership of Materials and Intellectual Property
- All intellectual property and related course material (the "Intellectual Property") including any related course work or training modules in progress that is developed or produced under this Agreement, will be the property of the Service Provider. The Customer is granted a non- exclusive limited-use license of this Intellectual Property. Regarding services such as website development, branding, and customer programming, at completion of the project and after full receipt of payment, the customer is granted full license of this Intellectual Property.
- Title, copyright, intellectual property rights and distribution rights of any course or training Intellectual Property remain exclusively with the Service Provider. Title, copyright, intellectual property rights and distribution rights of the website, branding, and/or customer programming Intellectual Property will transfer to the Customer once all payments have been received and processed.
Return of Property: Upon the expiry or termination of this Agreement, theService Provider will return to the Customer any property, documentation, records, or Confidential Information which is the property of the Customer.
Capacity/Independent Contractor: In providing the Services under this Agreement it is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee. The Service Provider and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service.
Notice: All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the Parties of this Agreement as follows:
2065 Cascade Woods Dr.
Jackson, MI 49203
or to such other address as any Party may from time to time notify the other.
Indemnification: Each Party to this Agreement will indemnify and hold harmless the other Party, as permitted by law, from and against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever to the extent that any of the foregoing is directly or proximately caused by the negligent or willful acts or omissions of the indemnifying Party or its agents or representatives and which result from or arise out of the indemnifying Party's participation in this Agreement. This indemnification will survive the termination of this Agreement.
Insurance: The Service Provider will be required to maintain general liability insurance including coverage for bodily injury and property damage at a level that would be considered reasonable in the industry of the Service Provider based on the risk associated with characteristics of this Agreement and only to the extent permitted by law. All insurance policies will remain materially unchanged for the duration of this Agreement.
Limitation of Liability: It is understood and agreed that the Service Provider will not be liable to the Customer, or any agent or associate of the Customer, for any mistake or error in judgment or for any act or omission done in good faith and believed to be within the scope of authority conferred or implied by this Agreement.
Additional Clauses: 16 Week training courses: Each course requires 30-60 minutes of your time each day. Please plan accordingly. If you miss 3 days, you will be removed from training and forfeit your investment.
Email Policy: Course trainings include facebook group access for questions, unless joining at a VIP level. All other questions or clarification items should be discussed in the one- on-one calls or on the group course page.
Cancellation Policy: Appointments should be cancelled within4 8 hours of set date. If you need to reschedule your course or appointment dates, payment made will be applied to a future course or service scheduled within 60 days of cancellation. All consults must be scheduled and completed once per month during each month of the course. Consults not scheduled and completed within this timeframe will be forfeited.
Modification of Agreement: Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each Party.
Time of the Essence: Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.
Assignment: The Service Provider will not voluntarily or by operationo flaw assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Customer.
Entire Agreement: It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement.
Enurement: This Agreement will enure to the benefit of and be binding on the Parties and their respective heirs, executors, administrators, successors and permitted assigns.
Titles/Headings: Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.
Gender: Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.
Governing Law: It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Ohio, without regard to the jurisdiction in which any action or special proceeding may be instituted.
Severability: In the event that any of the provisions of this Agreement are heldt o be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
Waiver: The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.