Term.

This Agreement shall be effective as of the date listed above and shall continue until the end of the Live Launch shown on the invoice.

Platform.

Client will host the live sessions in Zoom and understands that we are not responsible for zoom charges.

Services and Warranties.

Client has the full and unrestricted right, power, and authority to enter into this Agreement, perform the Services, and grant the rights granted herein;Client has no other agreements with any other party that would conflict with this Agreement;

All elements of text, copy, images, or other artwork provided by Client to FF are either owned by Client or Client has obtained all necessary permissions or licenses for their use, and do not infringe on the rights of any third parties, including trademark rights. Client is responsible for the accuracy, completeness, and propriety of all information provided by Client to FF.

As the Client, your role is to: Work with me and my team to direct, approve or give feedback during projects. Provide all necessary info to complete tasks in a reasonable time frame, as agreed upon.

Liability.

Under no circumstances shall FF be liable to you or anyone else for any direct, indirect, incidental, special, or consequential damages (including lost profits), personal injury (including death), or property damage of any kind or nature whatsoever that arise out of or resulting from: (a) participation in this Program/service or any content or functions thereof; or (b) any act or omission, online or offline, of any participant in this Program/Service or anyone else, even if FF has been advised of the possibility of such damages. In no event shall our total liability to you for all loss, cost, damage, liability, or expense (including attorneys’ fees and costs) that you may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence) or otherwise, exceed the lesser of the amount paid by you, if any, for the right to access or participate in any activity related to this agreement.

Under no circumstances shall FF or any of the indemnified parties be liable for any delay or failure in performance resulting, directly or indirectly, from any event of force majeure or other cause beyond our or their control including, without limitation, acts of God, war, equipment, and technical failures, electrical power failures or fluctuations, strikes, labor disputes, riots, civil disturbances, shortages of labor or materials, natural disasters, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

The limitations, exclusions, and disclaimers in this agreement and elsewhere in these terms of use apply to the maximum extent permitted by applicable law.

Applicable law may not allow certain of the exclusions, limitations, or disclaimers of liability set forth in these terms of use, so such exclusions, limitations, or disclaimers may not apply to you.

Communication.

Being accessible and attentive to clients is a priority. If Client needs to reach FF and/or her team between weekly consulting sessions, please contact FF at any time via email at [email protected]. FF will do its best to respond to Client within 24 hours Mondays through Fridays. On weekends and holidays, FF will reply on the next business day.

Schedule and Fees.

The Client will pay compensation to FF for the Services at a rate
described in the "Description of Services". The client will have an option to add services to their package

Optional Non-Refundable $1500 to be paid by Client to secure the spot. This will be applied to the full amount. (Services will only start when full payment is made)

All invoices are due upon receipt. Failure to pay may result in a delay in the Services. In the event that FF incurs legal fees, costs, or disbursements in an effort to collect its invoices, in addition to interest on the unpaid balance, the Client agrees to reimburse FF for all such expenses. No refunds are available. If the Client needs to reschedule the date of the launch a $500 fee will be charged per event in addition to the initial payment.

Balance must be paid no later than 2 business days after the date of invoice.

Changes/Revisions.

This Agreement is limited to the services outlined in “Description of Services”. If Client requests new work or changes that are outside the original scope of the Services, FF will provide an estimate for the completion of such new work or changes. Any changes requested within 24 hours will occur an extra charge. All revisions and changes need to be submitted by chosen platform. The client will have a chance to make revisions to all of the deliverables and once approved if any changes are requested it will be considered a change of order and fees
will be charged at a minimum of $75/hour depending on the service and date of the request. For the fee schedule please see www.fernandafirman.com/summit

If speakers don't submit their forms 2 weeks before the promotional date starts, FF will have the right to change the date of the Summit or charge a rush fee to manage and update the information. If you replace speakers after we had already onboarded the speaker it will be considered a speaker and a fee will be charged per schedule.

Termination.

The client may terminate this Agreement at any time with 72 hours of written notice via email. If the Client terminates the Agreement, the client remains financially responsible for the full cost of the project or the first month of ongoing projects and must immediately make any payments that are due. No refunds will be provided. All the terms of this Agreement will still apply even after termination. In the event of any circumstances beyond the control of FF, such as a community disaster, a fire, or a situation in which the continued provision of services under this agreement would substantially interfere with FF’s duty of service to its clientele, FF reserves the right to suspend performing obligations under this agreement immediately and until such time as FF determines that the circumstances are again suitably available and safe. In such an event and providing circumstances permit, FF shall give notice not less than twenty-four (24) hours.

Confidentiality.

FF will not at any time or in any manner, either directly or indirectly, use for the personal benefit of FF, or divulge, disclose, or communicate in any manner any information that is proprietary to the Client. This provision shall continue to be effective after the termination of this Agreement. Upon termination of this Agreement, FF will return to Client all materials, with the exception of FF proprietary documents/systems and items purchased by FF and not reimbursed by the Client.

Model Release.

The Client hereby assigns FF the irrevocable and unrestricted right to use and publish Work Product of the Client or in which the Client may be included, for editorial, promotional, advertising, and/or educational purposes. Client releases all claims to profits that may arise from the use of images.

Any trademarks, service marks, graphics, logos, page headers, icons, scripts, and trade names (each, a “Mark“) maintained FF are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Disclaimer.

Client acknowledges that FF’s Services do not constitute counseling services and are not a substitute for professional counseling or financial advice and are not a guarantee of financial success. FF will make every effort to ensure that all services have been tested for accuracy and effectiveness. There is no guarantee that Client will see positive results in its business using the techniques and materials provided by FF. FF assumes no management responsibility for Client's decisions or for policies or practices that Client implements.

As part of the Services, FF will use techniques and methods that have proven successful in the past, in accordance with reasonable industry standards. This does not, however, guarantee that they will be successful for Client’s business. Because every audience and product is different, FF cannot guarantee the specific performance of the Services.

It is expressly understood by the Client that this Agreement does not establish an employee/employer or independent contractor or any other form of agency/agent relationship between the parties.

Data Security.

To perform the Services, Client may provide “FF” with login credentials to certain accounts owned by Client. “FF” undertakes reasonable efforts to safeguard this information. At no time will “FF” claim any ownership right in such accounts. Client grants “FF” the authority to access these accounts to complete the Services. Client understands and agrees that “FF” is not responsible for any breach of data security for these accounts.

Personal Responsibility and Assumption of Risk.

You acknowledge that you take full responsibility for your well-being and all decisions made before, during, and after your Program. FF has used care in preparing the information provided to you, but all of my information and services are made available to you as marketing and business tools for your own personal use and for informational and educational purposes only. You accept full responsibility for your choices, actions, and results, and expressly assume the project for your use, or non-use, of the information provided to you. You also understand that you are expressly assuming all of the risks of the projects.

Earnings Disclaimer.

Every effort has been made to accurately represent this FF and its potential. There is no guarantee that you will earn any money using our services. Since these factors differ according to individuals, we cannot guarantee your success or income level, nor is FF responsible for any of your actions.

DISPUTE RESOLUTION.

Client and FF will do their best to work out any differences through a phone conversation or via email. However, should a dispute ever arise between us, Parties agree to submit to binding arbitration before a single arbitrator, selected jointly. Prior to seeking arbitration, Client must submit its complaint to FF with full details about the dissatisfaction with the project via e-mail to [email protected]. Client understands that the only remedy that can be awarded to you through arbitration is a full refund of your Payment made to date. No award of consequential or of any other type of damages may be granted. Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. By signing this Agreement, Client agrees to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted in an e-mail, or shall otherwise be forfeited forever. Arbitration will be held in San Diego County, California, and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.

Non-Disparagement.

In the event of a dispute between Client and FF, parties agree not to engage in any conduct or communications, public or private, designed to disparage one another. Where requested by law or arbitration, of course, parties are not prohibited from sharing their thoughts and opinions as a part of the legal process.

Applicable Law.

This Agreement shall be governed by and construed in accordance with the laws of California and the courts of San Diego County shall be the sole forum for resolving disputes hereunder.

Notice.

Except as otherwise provided herein, all notices that either party is required or may desire to give the other party shall be in writing to [email protected]

Entire Agreement.

This Agreement constitutes the entire agreement between the Parties and any prior understanding or representation of any kind shall not be binding upon any Party, except to the extent incorporated in this Agreement.