Client Services Agreement
Collectively, all of the above people or businesses entering this Agreement will be referred to as the "Parties."
Purpose of the Agreement
Client wishes to hire Company to provide podcast outreach services, as detailed in this Agreement. Company has agreed to provide such services according to the terms of this Agreement.
Client commits to work with Company on a monthly basis for a minimum period of 4 months. Services may be cancelled at any time; however, there are no refunds on payments made. Cancellations take effect at the end of a payment period.
The Company will provide the following services (collectively, the “Services”): done-for-you podcast outreach. The Company's commitment to securing podcast bookings is contingent on the Client's scheduling availability. The Company has the right of control over how the services are performed. The Client does not have this right of control over how the Company will perform the services.
Cost, Fees and Payment
Cost. Client shall pay the Total Cost to Company as follows:
Monthly packages will be billed on a monthly basis for a minimum of 4 months. The first payment will include a one-time set up fee.
One-time packages will be billed in full, up front.
Expenses. Client shall be responsible for paying for any expenses related to podcast guesting, including microphone equipment, cameras, etc.
Collections. Company reserves the right to collect any and all monies owed from Client by whatever means Company deems necessary. Client shall pay for any costs Company incurs to collect such costs, including reasonable attorney’s fees and collection agency costs.
Parties may have had access to proprietary, private and/or otherwise confidential information ("Confidential Information") of the Companies. Confidential Information shall mean all non-public information which constitutes, relates or refers to the operation of the business of the Parties, including without limitation, all financial, investment, operational, personnel, sales, marketing, managerial and statistical information of the Companies, and any and all trade secrets, customer lists, or pricing information of the Companies. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. Parties will not at any time or in any manner, either directly or indirectly, use for the personal benefit of the Parties, or divulge, disclose, or communicate in any manner any Confidential Information. Parties will protect such information and treat the Confidential Information as strictly confidential. This provision shall continue to be effective after the termination of this Agreement.
Further, at all times neither Party shall use or disclose any Confidential Information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, or services of or relating in any way to the Parties in whatever form to any parties outside of this agreement.
Agreement. This Agreement imposes no obligation upon the Parties with respect to any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of receiving Party; is rightfully received from a third party not owing a duty of confidentiality; is disclosed without a duty of confidentiality to a third party by, or with the authorization of the disclosing Party; or is independently developed by either Party without prior knowledge of privileged or confidential information.
Relationship of the Parties
Company and any related subcontractors are not employees, partners or members of Client’s company or organization. Company has the sole right to control and direct the means, manner, and method by which the services in this Agreement are performed. Company has the right to hire assistants, subcontractors or employees to provide Client with its Services. Parties are individually and separately responsible for their own business operations and expenses, including securing or paying any licensing fees, taxes (including FICA), registrations or permits. The client is not responsible for paying for any benefits, Workers Compensation, insurance or unemployment fees to Company.
Limit of Liability
Maximum Damages. Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Company.
Indemnification. Client agrees to indemnify and hold harmless Company, its related companies, parties, affiliates, agents, independent contractors, assigns, directors, employees and officers from any and all claims, causes of action, damages or other losses arising out of, or related to, the Services provided in this Agreement. In the case of in-person meetings or consulting, Client agrees to either secure a reasonable amount of insurance coverage to pay for any claims, causes of action, damage, attorney fees or other losses as a result of accident or negligence on behalf of the Parties to this Agreement, or if no insurance is secured, Client waives its right to directly or indirectly ask or force Company to pay for any such damages.
Disclaimer. Client agrees and understands Company is not providing the professional services of an attorney, accountant, nutritionist, financial planner, therapist or any other kind of licensed or certified professional. Should Client desire professional services that exceed the scope of this Consulting Agreement, Client must sign a letter of engagement of said professional services. No legal, financial, accounting, nutritional or another kind of professional advice will be given without entering into such a relationship via the letter of engagement referenced immediately above.
Guarantees. The Company cannot make any guarantees as to the results, including financial or other gains, of the consulting and/or services provided. Company agrees to provide the Services listed in this Agreement in a reasonable and timely manner. Client agrees to take responsibility for Client’s own results.
Governing Law. The laws of Arizona govern all matters arising out of or relating to this Agreement, including torts.
Severability. If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.
Notice. Parties shall provide effective notice (“Notice”) to each other via email or mail at the date and time which the Notice is sent:
Amendment. The parties may amend this Agreement only by the parties’ written consent via proper Notice.
Dispute Resolution. If the Parties cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then the Parties will make a reasonable attempt to resolve their dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.
Headings. Headings and titles are provided in this Agreement for convenience only and will not be construed as part of this Agreement.
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