Sign Up for the Target Audience Breakthrough Session

October 2017

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BY PURCHASING YOU AGREE TO THE FOLLOWING TERMS:

By purchasing this service, the following Agreement is entered into and effective as of the date of purchase, by and between you (“You”), and Strong Consulting (“Company”), having an address of 1658 Milwaukee Ave. #3216; Chicago, IL 60647; USA.

In consideration of you retaining Company to perform business consulting services, it is agreed as follows:

1. SCOPE OF BUSINESS CONSULTING SERVICES

You hereby retain Company to provide business consulting services by purchasing the Target Audience Breakthrough Session.

(a) The Target Audience Breakthrough Session includes the following services:

(i) One 90-minute screen-share workshop call;
(ii) Recording (in .mp4 video format) of the call;
(iii) A follow-up written action plan, sent within 48 hours of the call;
(iv) (If session is purchased before May 20th, 2017) A bonus follow-up “Where Do Your Ideal Clients Hang Out” report.

(b) Additional services, beyond those described above, will require additional fees to be discussed and agreed upon by the parties.

2. CLIENT DUTIES

(a) Compensation: In consideration for the services provided by Company to you as set forth in paragraph 1 above, you agree to pay Company a project fee of $500. Company’s obligation to render services hereunder is conditioned upon your payment of said fee on a timely basis. The total project fee ($500) is due upon commencement of the project.

(b) Tools to be Provided by You: You agree to provide all tools, information and documentation that may be required by Company to effectively perform said responsibilities in connection with the performance of services.

(c) Additional Duties: You are expected to attend the scheduled call promptly and to provide 24 hours notice if the call needs to be rescheduled.

3. TERM

This engagement shall commence on the date payment is received, and shall continue through delivery of the action plan or cancellation by either party in accordance with paragraph 4.

4. CANCELLATION

You may cancel this Agreement prior to the scheduled call for any reason by providing a minimum of 24 hours written email notice to Company. A full refund will be provided. In the event you cancel this Agreement with less than 24 hours notice, a refund of $400 will be provided. No refunds will be provided after the call has taken place. Company may cancel this Agreement prior to the scheduled call for any reason by providing written email notice to you. In the event Company cancels this Agreement prior to the scheduled call, a full refund will be provided.

5. NO GUARANTEES

Company cannot guarantee the outcome of its business consulting services and Company’s comments about the outcome are expressions of opinion only. Company makes no guarantees other than that the services described in Paragraph 1(a) shall be provided to you in accordance with the terms of this agreement. You acknowledge that Company cannot guarantee any results for its business consulting services as such outcomes are based on subjective factors that cannot be controlled by Company.

6. CONFIDENTIALITY

(a) Client Information: Any and all of your information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, operating, performance, know how, business and process information (hereinafter referred to as “Confidential Information”), shall be treated by Company in the strictest confidence and not disclosed to third parties or used by Company for any purpose other than for providing you with the services specified hereunder without your express written consent. Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from the disclosure, (c) is received by Company independently from a third party free to disclose such information, or (d) is independently developed by Company without use of the your Confidential Information. Upon request, Company hereto will promptly return or destroy all documents containing Confidential Information and delete all electronic records of or containing the same.

(b) Non-Disparagement: You shall, during and after the participation in and use of the Company’s services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law.

7. INDEPENDENT CONTRACTORS

(a) Independent Contractor Relationship: This Agreement shall not render Company an employee, partner, agent of or joint venturer with you for any purpose. Company is and will remain an independent contractor in its relationship to you. Company is or remains open to conducting similar tasks or activities for entities other than you and holds itself out to the public to be a separate business entity. Company shall retain sole and absolute discretion in the manner and means of carrying out the activities and responsibilities under this Agreement. Company shall be responsible to the ownership and management of you, but Company will not be required to follow or establish a regular or daily work schedule. Company will not rely solely on your equipment or offices for completion of tasks and duties set forth pursuant to this Agreement. Any advice given to Company regarding services performed for you shall be considered a suggestion only, not an instruction. You retain the right to inspect, stop or alter the work of Company to assure its conformity with this Agreement and your needs. You and Company agree to conform to any and all IRS tests necessary to establish and demonstrate the independent contractor relationship between you and Company.

(b) Taxes & Benefits: Company will be responsible for filing its own tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. You shall not be responsible for withholding taxes with respect to Company’s compensation. Company shall have no claim against you for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits or employee benefits of any kind.

8. NO COMPETITION

Company will not, directly or indirectly, contact or perform services for your clients for a time period of one year after this Agreement ends unless you provide written permission. Company shall not, directly or indirectly hire, solicit, or encourage to leave your employment, any employee, consultant or contractor of yours or hire any such employee, consultant, or contractor who has left your employment or contractual engagement within one year of such employment or engagement unless you provide written permission.

9. TRANSFER OF INTELLECTUAL PROPERTY RIGHTS

Provided you have complied with the terms of this agreement, and upon completion of project in accordance with paragraph 1, Company shall automatically thereby grant, transfer, assign and convey you, and your successors and assigns, all right, title, interest, ownership and all subsidiary rights, including all rights accruing to Company under the United States Copyright Act, in and to all works of authorship and all copyrights, patents, trade secrets and any other intellectual property rights, business concepts, plans and ideas, reports, manuals, visual aids, documentation, inventions, processes, proposed products, services, techniques, marketing ideas, and commercial strategies, that have been or will be created by Company, for you (“the Work”) for use throughout the world in perpetuity in any manner or media whether now known or hereafter invented. Company hereby further waives any moral rights it may have with regard to your uses of the Work. Company agrees, at your reasonable expense, to cooperate as may be necessary to assist you in enforcing your rights in the Work. Nothwithstanding the foregoing, you grant Company a worldwide, nonexclusive, revocable license to display the written or visual content developed by Company for you only in association with Company’s portfolio and for other business development and marketing purposes.

10. WARRANTIES

(a) Company’s Warranties: Company represents, warrants and covenants that Company has full authority to enter into this Agreement and that all of the services, whether performed by Company or any of its subcontractors, will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable and qualified personnel.

(b) Your Warranties: You represent, warrant and covenant that you have full authority to enter into this Agreement and has or will obtain, during all times relevant hereunder, all of the necessary consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the transactions and lawfully discharge, in all material respects, each and every one of your obligations or duties set forth hereunder, whether performance is due now or hereafter during the Term.

(c) EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED.

11. LIMITATION OF LIABILITY

(a) IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; AND

(b) IN NO EVENT SHALL A PARTY’S LIABILITY EXCEED THE FEES PAID UNDER THIS
AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY.

(c) THE FOREGOING LIMITATIONS IN THIS SECTION 11 SHALL NOT APPLY TO A BREACH OF CONFIDENTIALITY BY A PARTY HEREUNDER OR THE OBLIGATIONS UNDER PARAGRAPHS 6, 9 AND 19.

12. EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

13. ENTIRE AGREEMENT; MODIFICATION; WAIVER

This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

14. NEUTRAL CONSTRUCTION

This Agreement was prepared by Company and/or Company’s legal counsel. It is expressly understood and agreed that this Agreement shall not be construed against Company merely because it was prepared by its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to both parties.

15. COUNTERPARTS

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

16. ASSIGNMENT

This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective heirs, legal representatives, successors, and assigns; provided, however, that you may not assign any of your rights under this Agreement, except to a wholly owned subsidiary entity of yours. No such assignment by you to your wholly owned subsidiary shall relieve you of any of your obligations or duties under this Agreement.

17. NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed as follows:

To Company at: 1658 Milwaukee Ave. #3216; Chicago, IL 60647; USA
To you at: the address provided when you purchased

Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address in the manner set forth above.

18. GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Illinois as applied to contracts that are executed and performed entirely in Illinois. The exclusive venue for any court proceeding based on or arising out of this Agreement shall be Cook County, Illinois. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

19. RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

20. SEVERABILITY

If any term, provision, covenant or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

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