DREAM BUILDER'S BUSINESS ACADEMY AGREEMENT
This service contract for group business consulting and business advising between Red Word Host, LLC a Limited Liability Company (the “Company”), located at 1970 E Osceola Parkway #77, Orlando, Florida 32824 and the undersigned (the “Client”).
Throughout this Agreement, the Company and the Client may each be referred to as a (“Party” or collectively as the “Parties”).
WHEREAS, the Client desires to retain the Company to provide certain services and to compensate the Company for its performance of these services;
In the event of a conflict in the provisions of any attachments hereto and the provisions set forth in this Agreement, the provisions of such attachments shall govern.
In consideration of the foregoing and of the mutual promises set forth herein, and intending to be legally bound, the parties hereto agree as follows:
Services To Be Provided
The Client is willing to engage Company as an independent contractor, and not as an employee, on the terms and conditions set forth herein. Company agrees to perform for Client the following services. Such services are hereinafter referred to as “Services.”
Company shall provide Client with business consulting and advising services that include the following:
- Monthly business class 2. Monthly implementation guide 3. Monthly question and answer session 4. monthly live feedback session 5. monthly co-working session 6. access to Dream Builder's Business Academy membership site 7. access to Dream Builder's Business Academy Facebook Group 8. One jumpstart session 9. One 1:1 VIP Session with a one-time balance paid in full only.
- Client understands and agrees that the use of the membership site is conditioned upon Client’s agreement to Terms and Conditions for use of the membership provided by Company. The terms and conditions can be found at focus.makedarodriguez.com.
- Client understands and agrees that the scheduling and timing of the monthly sessions is subject to change at any time and without prior notice.
TERM PERIOD
The Client hereby retains the Company and Company agrees to render to the Client Services described herein for a period of 12 months (the “Term”) from the date listed below, commencing on the date of this Agreement and ending upon the date Term is terminated in accordance with this Agreement. Client understands that Client shall pay the Company the compensation to which it is entitled through the end of the Term and that the cost of the program as set forth below is for the term of 12 months, whether the payment is made in full, or financed through monthly payments. Client shall pay the amounts agreed to herein and such compensation shall become due and payable to the Company in the following time, place and manner:
The fees for the 12-month term is $6,600.00 USD. Payment must either be made in full at the beginning of the Term, or paid on a monthly basis in the amount of 12 payments of $550.00 to be charged to Client’s credit or debit card. Client understands that approval of the monthly payment does not convert the program into a month-to-month program. The client understands and agrees that all payments are deemed earned when paid and are not refundable. (Unless a discounted rate has been applied, which is present upon the time of purchased and can be reflected in the client's receipt.)
No refund policy
This Agreement may not be terminated by either party during the term of the Agreement. If Client attempts to terminate the agreement during the year term or if Client elects to stop utilizing the available contracted services during the year term Client’s obligation to pay for the full purchase price for the 12 months. If the client is in breach of this agreement, the Company may terminate this agreement with 7 days of written notices. Should Client attempt to terminate this Agreement prior to the end of the Term, Client remains responsible for the payment in full of the applicable fee.
COMPANY RESPONSIBILITY
- Personnel supplied by Company to provide services to Client under this Agreement will be deemed Company’s employees or agents and will not for any purpose be considered employees or agents of Client. Company assumes full responsibility for the actions of such personnel while performing Services pursuant to this Agreement, and shall be solely responsible for their supervision, daily direction and control, provision of employment benefits (if any) and payment of salary (including all required withholding of taxes).
- Company may disclose income reports, results, success results of other Clients or former Clients or customers including product reviews and testimonials from time to time. All efforts are made to accurately represent such information but there’s no guarantee that Client will achieve the same results by using those techniques or ideas shared by the Company. Client is encouraged to perform its own due diligence and research and is solely responsible for its earnings and results. Client’s earning potential and results are contingent upon its individual personal circumstances, abilities, experience and skills. Therefore, Client agrees not to hold Company and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with the Company liable for any of your successes or failures directly or indirectly related to the information, reports, reviews, products and/or services shared with the Client.
CLIENT RESPONSIBILITY
Company provides the Services under this Agreement strictly for educational and informational purposes only. Services provided by the Company shall not be construed as professional advice tailored to any specific individual. Company has multiple Clients and all information shared is for educational purposes intended for the general people. Client is encouraged to always seek a professional in the area for its particular needs and circumstances prior to making any professional, legal, financial, medical or tax related decisions affecting the Client or its business.
Client agrees that use of Services is at Client’s sole risk and that Client is solely responsible for the accuracy of the personal and any information provided by the Company, outcome of Client’s actions, personal and business results, and for all other use in connection with the Companying Services.
Client agrees to assume full responsibility for progress and results from the Companying Services. Company makes no representations, warranties or guarantees verbally or in writing of any kind. Client agrees that its individual results may vary and that no promises of any kind are made by the Company. Client agrees to assume all risk of loss for participation in the Companying program and Services with the Company. Company does not promise or guarantee that Client will reach their goals as a result of participating in this Companying program.
MAINTENANCE OF CONFIDENTIALITY
Client shall not disclose to any non-party to the Agreement (“Such Other Party”), any confidential information of Company. Confidential information is information which relates to Company’s research, development, trade secrets or business affairs, inventions, discoveries, formulas, processes, designs, trade secrets, and other useful technical information and know-how made, discovered, or developed by Company (either alone or in conjunction with any other person) during the term of this contract but does not include information which is generally known or easily ascertainable by non-parties.
NON-DISPARAGEMENT
Client agrees not to make any false, disparaging or derogatory statement in public or private whether in writing or orally regarding Company, its employees, clients, agents or anyone else working with the Company. For the purpose of this agreement, the term disparage includes without limitation statements or comments made in any form or medium in the press, social media that could potentially affect the business of Company adversely or tarnish the reputation of Company in any way.
NO TRANSFER OF INTELLECTUAL PROPERTY
Nothing contained in this Agreement shall be construed as granting to Client a license, express or implied, under any patent, copyright, trade secret, or other intellectual property right now or hereafter owned, obtained, or licensable.
Nothing in this Agreement is intended to transfer to the Client any rights in the Company’s services or work performed, which shall remain the sole property of the Company. Client is not authorized to use Company’s intellectual property for Client’s business purposes. No license to sell or distribute Company’s materials is granted or implied to the Client.
STATUS OF COMPANY
Company is an independent contractor and neither Company nor Company’s staff is or shall be deemed to be employed by Client. Nothing contained herein shall be construed to constitute the parties hereto as partners or joint venturers, or either as an agent of the other. Client is hereby contracting with Company for the services described herein and Company reserves the right to determine the method, manner and mean by which the Services will be performed. Company is not required to perform the services during a fixed hourly or daily time and if the services are performed at the Client’s premises, then Company’s time spent at the premises is to be at the discretion of the Company; subject to the Client’s normal business hours and security requirements. Company hereby confirms to Client that Client will not be required to furnish or provide any training to Company to enable Company to perform Services required hereunder.
The services shall be performed by Company or Company’s staff, and Client shall not be required to hire, supervise or pay any assistants to help Company who performs the Services under this agreement. Company shall not be required to devote Company’s full time nor the full time of Company’s staff to the performance of the Services required hereunder, and it is acknowledged that Company has other Clients and Company offers services to the general public. The order or sequence in which the work is to be performed shall be under the control of Company.
INDEMNITY / LIMITATION OF LIABILITY
Except as expressly provided in this Agreement, the Company makes no guarantees,
representations or warranties of any kind or nature, express or implied with respect to the Services negotiated, agreed upon and rendered. In no event shall the Company and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with the Company shall be liable to the Client for any indirect, consequential or special damages, either in contract or tort, whether or not the possibility of such damages has
been disclosed to Company in advance or could have been reasonably foreseen by Company. Notwithstanding any damages that the Client may incur, the Company’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Company under this Agreement for all Companying Services rendered through and including the termination date.
DISPUTES
Any disputes that arise between the parties with respect to the performance of this Agreement shall be submitted to binding arbitration governed by the laws of the State of Florida to be determined and resolved by said Association under its rules and procedures in effect at the time of submission and the parties hereby agree to share equally in the costs of said arbitration.
GOVERNING LAW
The Parties agree that this Agreement shall be construed under and governed by (both as to validity and performance) and enforced in accordance with the internal laws of the State of Florida applicable to agreements made and to be performed wholly within such jurisdiction, without regard to the principles of conflicts of law or where the parties are located at the time a dispute arises.
REPRESENTATIONS AND WARRANTIES
Both Parties represent and warrant that each Party has full power, authority and right to execute, deliver and perform under the terms of this Agreement. No other consents are necessary to enter or perform this Agreement.
ATTORNEY'S FEES
Should either party hereto, or any heir, personal representative, successor or assign of either party hereto, resort to litigation to enforce this Agreement, the party or parties prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to recover its or their reasonable attorneys' fees and costs in such litigation from the party or parties against whom enforcement was sought.
SEVERABILITY
The provisions of this Agreement are severable, and the invalidity of any provision shall not affect the validity of any other provision. Any invalid or unenforceable provision shall not be deleted but shall be reformed and construed in a manner to enable it to be enforced to the extent compatible with applicable law.
WAIVER
Neither Party will be deemed to have waived any of its rights, power or remedies hereunder except in writing signed by the Party. Waiver by either Party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any subsequent or other breach or violation.
NOTICES
Any notice or communication given or made by either Party under this Agreement shall be in writing either by personal delivery, mail, registered or certified or email. Mailed notices shall be addressed to the Parties at the addresses listed above. Both Parties agree to keep each other informed about their current business and mailing addresses as well as email address and phone numbers.
FORCE MAJEURE
Company will not be deemed in default of its obligations to the extent that the performance of any such obligation is prevented or delayed by war, insurrection, fire, flood, riot, acts of terrorism, strikes, acts of God, telecommunications failures or errors, systematic internet failure, including but not limited to interruptions by service providers, or any similar event or circumstance not caused, in whole or part, by such Party, and which is beyond the reasonable control of such Party.
COUNTERPARTS
This Agreement may be executed in two (2) or more counterparts, including by tele-copier, tele-facsimile, or by electronic means, such as by encrypted digital signature, by electronic mail transmission of a portable document format (PDF) scan of the original document or a copy thereof; and when so executed, will have the same force and effect as though all signatures appeared on a single document. Emails and copies of signatures are acceptable in lieu of originals.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement as of the date first above written.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.