Trust the Process On Demand Program Agreement and Terms of Service
This Consultant Agreement is created with the effective date being the date of purchase of this On Demand Program between CLIENT and Life Altering Events LLC (LAE)- Trust the Process Book Program.
In this Agreement, the party who is contracting to receive services shall be referred as CLIENT, and the party who will be providing the services shall be referred to as LAE.
LAE has a background working with authors in business management, advising, coaching, marketing, and promotion is therefore being retained to provide services for CLIENT based on this background.
CLIENT desires to utilize the “On Demand” services and representations provided by LAE. The CLIENT agrees to purchase the Trust the Process 90-Day Bestseller Success On-Demand Program. This is a self-paced program. LAE will provide the outline for the CLIENT to design, create and execute their own comprehensive book marketing campaign. The campaign is the sole responsibility of the CLIENT.
Details are listed in this agreement Exhibit A Statement of Work (SOW).
The price for this program is $2,000.
Therefore, the parties agree that LAE will provide the following information the CLIENT will utilize to design, create, and execute a book marketing campaign. LAE will provide a monthly or bi-monthly zoom meeting to offer advice and suggestions. The preparation of the content, graphics is the sole responsibility of the CLIENT.
Details are listed in Trust the Process for 90-Day Bestseller Success On-Demand Program - Course Lessons, Outline & Content.
- Pre-Launch. “Priming the pump” in anticipation of the book(s) launch
- Launch campaign
- Post launch follow-up
Time frame: This is a self-paced agreement. The material provided by LAE is for a 90-day campaign. The actual amount of time is dependent on the CLIENT. LAE will provide a $2,000 credit if the CLIENT elects to upgrade to the Full-Service Program subject to new terms and conditions.
Process: LAE will provide our resources, and intellectual property for the CLIENT to design, create and execute a book marketing campaign as listed in Trust the Process for 90-Day Bestseller Success On-Demand Program - Course Lessons, Outline & Content. LAE will offer recommendations, and suggestions for CLIENT to prepare a comprehensive plan and strategy.
Goals: To provide the CLIENT with the outline used by LAE for its Full-Service Program, as a guideline for the CLIENT to design, create and execute a comprehensive marketing, promotion strategy.
The investment for this on-demand program is $2,000. The material will not be provided until the full amount is received by LAE. All payments will be made electronically via ACH, Stripe Payment Link, credit card or check made payable to Frank Zaccari, Life Altering Events, 1608 Reflection St., San Marcos, CA 92078
ACH details will be provided if this option is selected.
Should the CLIENT request additional services, not listed in Trust the Process for 90-Day Bestseller Success On-Demand Program - Course Lessons, Outline & Content, LAE will provide a separate proposal to perform more in-depth services and shall obtain the written approval from CLIENT prior to the commencement of a new project or engagement.
Term/Termination: This agreement will be in place for the period to complete the services listed in Exhibit A SOW (estimated three months). This agreement may be renewed or extended by written mutual consent by both parties at a price to be determined. If this agreement is not renewed or extended, the parties’ obligations set forth in the sections entitled Agreement to Maintain Confidentiality and Return of Confidential Information shall continue in full force and effect for three (3) years from the termination of this Agreement.
Relationship of Parties: It is understood by both parties that LAE is an independent contractor with respect to CLIENT, and not an employee of CLIENT. Fringe benefits, including health insurance benefits, paid vacation, or any other employer benefit, for the benefit of LAE will not be provided by CLIENT.
Indemnification for Taxes. LAE shall assume full responsibility for payment of, and indemnify CLIENT against all liability and loss in connection with all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax laws, with respect to LAE and its employees engaged in the performance of Services under this Agreement. The fee from LAE does not include taxes of any kind.
Indemnification for Breach. LAE hereby indemnifies and agrees to defend and hold harmless CLIENT and its employees, officers, directors, and agents from and against any and all damages, losses, costs (including, without limitation, court costs and attorneys’ fees), settlements, suits, actions, expenses, liabilities and claims of any kind caused by or resulting from any breach of this Agreement by LAE or any other act or omission of LAE or its agents, the Services, or any injury to persons or damage to property caused by LAE during the term of this Agreement.
CLIENT hereby indemnifies and agrees to defend and hold harmless LAE and its employees, officers, directors, and agents from and against any and all damages, losses, costs (including, without limitation, court costs and attorneys’ fees), settlements, suits, actions, expenses, liabilities and claims of any kind caused by or resulting from any breach of this Agreement by CLIENT or any other act or omission of CLIENT or its agents, the Services, or any injury to persons or damage to property caused by CLIENT during the term of this Agreement.
Disclosure of Confidential Information. In connection the provision of Services, each party may disclose to the other valuable confidential and proprietary information such as business information about or related to each party, its business, or its clients, in whatever form or medium, including without limitation, personal information about employee of either party, personal information, including but not limited to the identity of participants in CLIENT programs, contacts or leads identified by CLIENT or LAE, and/or the business in general of CLIENT or LAE (the “Confidential Information”). Confidential Information also includes the existence of this Agreement, the fact that a project or any similar business relationship is being or has been discussed, and the terms that are being or were discussed. The information described above shall constitute Confidential Information whether or not it is marked or labeled as such.
Exceptions to Confidential Information. Confidential Information shall not include any information which (a) was publicly available at the time of disclosure; (b) became publicly available after disclosure without breach of this Agreement by the non-disclosing party; (c) was in the non-disclosing party’s possession prior to disclosure as evidenced by written records and was not the subject of an earlier confidential relationship with the disclosing party; (d) was rightfully acquired from a third party who was lawfully in possession of the information and was under no obligation to the disclosing party to maintain its confidentiality; (e) is or was independently developed by the non-disclosing party or its employees or agents who have not had access to the Confidential Information; or (f) is required to be disclosed by the non-disclosing party pursuant to judicial order or other compulsion of law, provided that the non-disclosing party shall provide to the disclosing party prompt notice of such order and comply with any protective order imposed on such disclosure.
Agreement to Maintain Confidentiality. Both parties agree to hold any Confidential Information disclosed to it in confidence, to cause its employees and agents (if any) to hold such Confidential Information in confidence, and to use the same standard of care used to protect its own proprietary and confidential information in protecting the Confidential Information. Both parties agree to limit disclosure of Confidential Information to those employees or agents who have agreed to be bound by the obligations herein. The parties shall not disclose Confidential Information to third parties not involved in the Services or use it for purposes other than the Services.
Return of Confidential Information. At any time requested by the disclosing party, the non-disclosing party shall return or destroy all documents or other materials embodying the Confidential Information, shall retain no copies thereof, and shall certify in writing that such destruction or return has been accomplished.
No resale of services permitted. Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. This agreement is not transferable or assignable without the LAE’s prior written consent.
No transfer of intellectual property. LAE’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. Client shall not be authorized to use any of LAE’s intellectual property for Client’s business purposes. Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from LAE electronically or otherwise without the prior written consent of the LAE. All intellectual property, including LAE’s copyrighted program materials, shall remain the sole property of LAE. No license to sell or distribute LAE’s materials is granted or implied. Notwithstanding and provided that Client is not in material breach or alleged breach of this Agreement, all “notes”, “ideas” or “basic story structures” (“Work Product”) that are generated during this program for the purposes of developing the Project, as set forth in Exhibit A., whether created by LAE for Client or that Client creates as part of this Program, relating to the Project, shall become the sole property of Client and subject to the terms of this paragraph, except as otherwise set forth in this paragraph, nothing herein shall be deemed to transfer or otherwise assign any rights thereto, including in and to the copyright, to LAE. LAE shall not be authorized to use, share, copy, distribute or otherwise exploit the Work Product or any of Client’s intellectual property other than as specifically granted in writing by Client.
Disclaimer of guarantee. Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Program. Client accepts and agrees that she/he is the one vital element to the Program’s success and that LAE cannot control Client. LAE makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. LAE and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose. LAE makes no guarantee or warranty that the Program will meet Client’s requirements or that all clients will achieve the same results.
Non-disparagement. In the event that a dispute arises between Client and LAE or a grievance by Client, the Client agrees and accepts that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Client and LAE, the Client agrees that they will not engage in any conduct or communications, public or private, designed to disparage the LAE.
Entire Agreement. This Agreement supersedes all previous agreements or contracts between CLIENT and LAE and constitutes the entire agreement between the parties hereto relating to consulting services to be provided by LAE. There are no understandings, representations, or warranties of any kind except as expressly set forth herein.
Assignment. Neither this Agreement, nor any interest herein or claim hereunder is assignable or transferable by LAE to any other party. This Agreement shall terminate automatically upon the death or incapacity of the principles of LAE. The work and Services provided for herein shall be performed by LAE, and no person other than regular associates or employees of LAE shall be engaged in such work or services, except upon written approval of CLIENT.
Breach. If CLIENT or LAE breaches any term of this Agreement, the other party shall have the right to (a) terminate the Agreement and/or demand the immediate return or destruction of all Confidential Information; (b) seek to recover its actual damages incurred by reason of such breach, including, without limitation, its attorneys’ fees and costs of suit; (c) seek to obtain injunctive relief to prevent such breach or to otherwise enforce the terms of this Agreement. Failure to demand compliance or performance of any term of this Agreement shall not constitute a waiver of rights hereunder.
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the state of California without reference to conflicts of laws principles.
Modification and Assignment. This Agreement may not be amended, modified, or assigned except in writing signed by both parties.
Signatories. This Agreement shall be signed by CLIENT and LAE.
This agreement is effective as the date of the purchase of this On Demand Program, as first written above. Party receiving services and party providing services.