Private Policy
ENROLLMENT AGREEMENT
PARTICIPANT INFORMATION
NAME: _Maritza Duran, Ericka Aguilar, and Elaine Rodriguez__ (“You” or “Your”)
CONTRACT TOTAL:
Startup: $1498.50
Maintenance: $497/per month after (if you need me in June or after)
Terms: $794 down payment
$794 in 30 days
CONTRACT DETAILS:
4x- 1 hour weekly follow-up meetings on Zoom
Create the Funnel System for the Event
Integrate any needed Videos (if needed)
Sales Messaging for Funnel
Integrate Payment Stripe/Pay Pal
Run Ads & Promo Cycle
WELCOME TO Firebrand Marketing, dba RISING FIRE Music, LLC
Congrats on making the decision to take your business to the next level. I’m excited to play a role in your success.
Members of the FIREBRAND MARKETING are bound by a code of ethics. This set of rules defines our actions and our businesses:
1. The first rule of the FIREBRAND MARKETING, is that we do not share the details discussed in FIREBRAND MARKETING MEETINGS with non-members. This goes both ways. I will not share your strategies or business details. Strategies shared come from years and millions of dollars of experience. It shall not be shared with those outside FIREBRAND MARKETING.
2. FIREBRAND MARKETING clients vow to take 100% ownership and responsibility of all things. Your journey and success are yours.
3. FIREBRAND MARKETING clients will not defame any other marketers or business owners. We hold ourselves to the highest standard of integrity, honor, and pride in ourselves and our individual industries.
4. FIREBRAND MARKETING is not a machine; please trust the process, we are implementing and refining, and mastering our craft with precision.
5. FIREBRAND MARKETING clients, above all, value honesty with self and others, innovate to improve life for humanity and remain dedicated to consistent improvement through any obstacle or adversity.
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THIS AGREEMENT (the “Agreement”), is entered into by and between FIREBRAND MARKETING (“Rising Fire Music LLC”) as Arizona limited liability company, and the client.
The client will enter our FIREBRAND MARKETING process and system to help achieve improvement in their business marketing and life. Some client journeys may vary based on experience and circumstances.
The Firebrand Marketing Process and System
1. Profit Incubator - Extraction and creation of foundational aspects of your offer, messaging, pricing, avatar, business, and more.
2. Offer Creation - Sales scripting, email copy and optimization of an offer, collecting initial market feedback
3. Funnel Creation - Info gathered in Steps 1 & 2 I will create the start of your funnel/landing page. The ultimate test is in the marketplace on how it will respond. I will teach you how to manage and operate your funnel. You’ll improve the funnel and continues to hone in on the best results. A monthly maintenance membership is available if needed. Our funnel creation path on average takes 14-30 days from conception to completion. This may require additional software, like a DropFunnels account, email-auto responder, Vimeo membership, Calendly or other scheduling software, Zapier for automation, and FB business account for any ads. We will discuss this as we go along
4. Marketing plan- social medial scripting, Facebook groups, and such. I will help design and construct consistent branding in all social media, funnels, and more.
5. Automation & Optimization: Scale to paid ads (based on the choice of client direction) and team building for fulfillment. There are additional fees for FB ads themselves and continued metrics. Basic automation is included. If Evergreen is wanted/needed to be implemented we can discuss a new contract.
Client Requirements.
The client agrees to provide the following items in the time frame stated:
A. Intake questionnaires or interviews, if needed
B. Payment by Maritza Duran, Ericka Aguilar, and Elaine Rodriguez $1498.00
$794.00 Down and
$794 in 30 Days
C. Provide assets including logos, marketing materials, or client testimonials
D. Implement business suggestions to the fullest ability of the client
E. Other items will be discussed and required as needed
Compensation and Payment.
A. Set up Fee: For the Services described in Section CONTRACT DETAILS, the Client will pay according to the payment schedule in the TERMS section
B. Ongoing Management: For the Services described above,
Maintenance $597 per month $497/per month after. The client will be presented with a separate agreement if management is needed in June 2022 and continuing after.
C. Upon signature and commencement of enrollment, the Client recognizes all sales are final, and our “no refund” policy on this agreement. No promise or guarantee of any specific is given or implied, other than the details provided in this agreement.
General Provisions
A. Warranties. You acknowledge that you are not relying upon any warranties, promises, guarantees, or representations made by Firebrand Marketing or anyone acting or claiming to act on behalf of Firebrand Marketing, dba RISING FIRE Music, LLC unless it is in writing and made a part of this Agreement. All advertising material and all prior representations or agreements, if any, whether oral or written, are hereby superseded by this Agreement. This Agreement contains the entire understanding and agreement between you and Firebrand Marketing. This Agreement may only be modified by mutual agreement between You and Firebrand Marketing, dba RISING FIRE Music, LLC.
B. Terms & Conditions. Your execution of this Agreement will be required prior to admission. You may request a copy from Firebrand Marketing, dba RISING FIRE Music, LLC upon signing this Agreement. Failure to sign this Agreement prior to the start of the program will be deemed a
cancellation of this Agreement. Additionally, certain sessions may require additional registration, terms, and conditions, or questionnaire forms. You will not be admitted to applicable sessions until such course registration, terms, and conditions, or questionnaire forms are returned to Firebrand Marketing.
C. Subject to Change: Dates, times, locations, and structure of events/meetings.
D. Confidentiality. Each party agrees to hold and maintain in confidence all Confidential Information of the other party.
“Confidential Information” shall include all information or material that has or could have commercial value or other utility in the
business in which the disclosing party is engaged or any material or oral information identified as Confidential Information at the
time of disclosure. For the avoidance of doubt, the amount of Contract Total and the payment plan set forth above is Confidential Information under this Agreement. (In other words, our program price is exclusive to You only, and may not be shared with any other party, as prices and Agreements are set for each participant, and prices increase with time.) Each party further agrees not to disclose any Confidential Information of the other party to any person or entity except as set forth herein, or as agreed to in writing by the parties. Nothing contained in this Section shall prevent either party from disclosing any Confidential Information of the other
party to (a) accountants, lawyers, or other professional advisors, subject in each case, to the recipient entering into an agreement to protect such Confidential Information from disclosure that is at least as restrictive as the obligations set forth in this Section, or (b) is required by law to be disclosed, provided, however, that the party subject to such disclosure requirement has provided written notice to the other party promptly upon receiving notice of such requirement (if legally possible under the circumstances) in order to enable the other party to seek a protective order or otherwise prevent or limit disclosure of such Confidential Information. Each party shall use at least that degree of care as it would employ in protecting its own Confidential Information from improper use or disclosure.
E. Limitation of Liability. In no event shall either party be liable for any indirect, consequential, or punitive damages even if either party knew or should have known of the possibility thereof. In no event shall a party’s liability to the other party for direct damages exceed an amount equal to the Total Contract amount.
F. Indemnification. Each party agrees to indemnify, defend, and hold harmless the other party from and against any loss, cost, or damage of any kind (including reasonable attorneys’ fees) to the extent arising out of its breach of this Agreement, and/or its negligence or willful misconduct.
G. Ownership of Intellectual Property. All intellectual property and related materials developed by the Firebrand Marketing, prior to this Agreement will be the sole property of Firebrand Marketing. All intellectual property and related materials developed by You, including those developed for you in consultation with Firebrand Marketing will be the sole property of You. Neither party may use the intellectual property of the other party for any purpose other than contracted for in this Agreement except with the written consent of the owning party.
H. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Arizona without regard to conflicts of law principles. Any action or lawsuit filed to enforce any provisions of the agreement shall be exclusively filed and the venue in the federal, state or municipal court of dispute resolution will take place in Maricopa County, Arizona. The Business voluntarily and irrevocably submits the jurisdiction of the federal, state, and local courts of Maricopa County, Arizona with respect to the agreement.
I. Severability of Provisions. If any one or more of the covenants, agreements, provisions, or terms of this Agreement shall be for any reason whatsoever held invalid, then such covenants, agreements, provisions, or terms shall be deemed severable from the remaining covenants, agreements, provisions or terms of this Agreement and shall in no way affect the validity or enforceability of the other provisions of this Agreement.
J. Execution in Counterparts. This agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same document. Signature pages may be detached from the counterparts and attached to a single copy of the agreement to physically form an original agreement. The electronic signature on this agreement, by purchasing the program, shall be deemed an original.
K. Survival. The following clauses shall survive the expiration or termination of this Agreement: 6.D (Confidentiality), 6.E (Limitation of Liability), 6.F (Indemnification), 6.G (Ownership of Intellectual Property).
L. Translation Costs: Translation costs shall not be included in the Contract Total. In such case, the cost of a translation shall be an additional cost and shall be added to your Contract Total.
M. Payment options: You may use a certified check or wire. ACH / WIRE Payments. Wire payments must be requested. Credit card payment plans will incur an additional 3.5% processing fee.
N. Photograph & Video Release Form
I hereby grant permission to the rights of my image, likeness, and sound of my voice as recorded
on audio or videotape without payment or any other consideration. I understand that my image
may be edited, copied, exhibited, published, or distributed, and waive the right to inspect or
approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in diverse educational settings within an unrestricted geographic area. Photographic, audio, or video recordings may be used for the following purposes: • conference presentations • educational presentations or courses • informational presentations • online educational courses • educational videos
By signing this release I understand this permission signifies that photographic or video
recordings of me may be electronically displayed via the Internet or in a public educational
setting. I will be consulted about the use of the photographs or video recordings for any purpose
other than those listed above. There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed. This release applies to
photographic, audio, or video recordings collected as part of the sessions listed on this document only.
By signing this form I acknowledge that I have completely read and fully understand the above
release and agree to be bound thereby. I hereby release any and all claims against any person or organization utilizing this material for educational purposes.
O. Change Requests
Any request for modification of the services made by the Business after signing the agreement will be considered a “Change Request” thereby requiring additional production time and additional fees. Any services requested pursuant to a Change Request shall be placed on hold until a price quote is provided by Firebrand Marketing to the business and businesses and the business provides its written approval of the services, fees, costs, and expenses associated with such Change Request.
P. Severability
In the event one or more provisions of this agreement shall be found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, the remaining provisions contained in this agreement shall survive, not in any way b affected or impaired, and the agreement shall be enforced in full as if the unenforceable provision never existed.
Q. Change in Law
If either party determines that this agreement would violate any applicable law, rule, or regulation or that there is a change in the law, whether or not that change has gone into effect, and such change has had or is reasonably likely to have, a material adverse effect on such party’s rights or obligation under this agreement, this agreement shall be immediately suspended upon written notice to the other parties shall negotiate in good faith in an effort to agree on appropriate revisions to reach a resolution to the issue. If the Parties are unable to agree upon appropriate revisions within sixty (60) days after commencing such negotiation either party, may terminate this agreement upon notice to the other party.
R. Force Majeure
No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this agreement, for any failure or delay in fulfilling or performing and term or condition of this agreement [(except for any obligations to make payments hereunder)] when and to the extent such failure or delay is caused by or results from acts beyond the impacted Party’s (Impacted Party”) reasonable control, includieng, without limitation, the following force majerure events (the “force Majeure events”): (a) acts of God; (b) natural disasters suc as flood, fire, hurricane, tornado or earthquake, and other disasters or catastrophes including outbreaks of communicable disease, virus, or bacteria, epidemics, pandemics, or quarantines, or explosion; © war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law or actions, including those restricting commercial activity or indivitudal movement due to outbreaks of disease, virus or bacteria, epidemics, pandemics, quarantines or public health crisis; (e) embargoes, or blockades in effect on or after the date of this agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) any other similar events or circumstances beyond the reasonable control of the impacted party. A Force Majeure Event does not discharge the implicated party from its obligation under this agreement except to the extent that the impacted party's duty to perform may be temporarily suspended for the limited duration of the Force Majeure Event.
To invoke the protections provided under this paragraph R. Force Majeure (a) of the agreement, the impacted party must give proper notice within fourteen (14) days of the force majeure event ot the other party, stating the effect of the Force Majeure event and period of time the occurrence is expected to continue. All notices shall be in writing and delivered to the other party in accordance with paragraph R. Force Majeure (b) of this agreement. The impacted party shall use diligent efforts to end the failure or delay and ensure the effects of such a force majeure event are minimized. The impacted party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the impacted party’s failure or delay remains uncured for a period of sixty (6) consecutive days following written notice given by it under this paragraph R. Force Majeure the non-impacted party may thereafter terminate this agreement upon 30days of written notice.
Consent to Act on Behalf of the Business.
By signing this Agreement, the business expressly consents to and gives authority to Firebrand Marketing (and its representatives) to act on behalf of the Business in contracting third parties to promote the business and effectuate Firebrand Marketing’s Services.
Termination
During the initial term or any successive term of this agreement, either party has the right to terminate this agreement by providing thirty (30) days of written notice of termination(the “Termination Notice”) to the other party. The thirtieth (30th) day set forth in the Termination notice shall be the deadline for terminating the agreement and the deadline for the business/business to fully pay any and all outstanding amounts owed to Firebrand Marketing. Firebrand Marketing shall be entitled to recover the reasonable costs and expenses, including attorney’s fees and related collection costs, in enforcing this Agreement. Shall termination be done by you Maritza Duran, Ericka Aguilar, and Elaine Rodriguez will have the opportunity to buy the funnel and assist from Firebrand Marketing
Non-Disclosure
Each Party acknowledges that certain non-public information regarding the business operations of the Business/Businesses and Firebrand Marketing, respectively, shared and exchanged during the term of this agreement shall be treated in a confidential manner. Each Party acknowledges that the other Party has a legitimate proprietary interest in its confidential information and further acknowledges that failure to maintain the confidentiality of this confidential information would cause substantial loss to each party both monetarily and in terms of the loss of goodwill and competitive position in the marketplace.
Non-Disparagement
No Party (including their respective owners, members, shareholders, officers, directors, employees, representatives, successors, and assigns) shall make any disparaging remarks or comments, oral, written, or in any other form, or otherwise communicate or disseminate any information which disparages the other party, its business businesses, or its services. This non-disparagement provision prohibits and prevents disparaging comments in digital form and through any online and/or social media outlets. Each party agrees to conduct itself, both individually and in its respective business operations, in good faith, without disturbance to the other party, and with the same general level of respect and decorum that it would display or expect from the opposite party.
Full Name___________________________________________________
Signature____________________________ Date____________________________
Full Name___________________________________________________
Signature____________________________ Date____________________________
Full Name___________________________________________________
Signature____________________________ Date____________________________