Makeover VIP Day Service Agreement
We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what, and what happens if stuff goes wrong. In this service agreement, you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
By signing this agreement, you ("Client") agree to retain Felicia Brown of Swanked Creative LLC ("Service Provider") for creative services as outlined in the Scope of Work and agree to the terms and conditions as set forth in this Agreement.
What do both parties agree to?
Client: You have the full power and authority to enter into this Contract on behalf of yourself, your company or your organization and to form a binding agreement between us. The execution of this Contract by You does not violate any other agreement to which you are bound or any law, rule, regulation, order or judgment to which you are subject. You will give us the assets and information we reasonably request from you to allow us to complete the project and perform our obligations under this Contract. You agree to provide us with such assets and information as soon as possible upon our request and in the formats we request. You agree to review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you will also be bound by dates we set together. You also agree to stick to the payment structure set out at the end of this Contract.
Service Provider: We have the experience and ability to do everything we have agreed with you under this Contact and we agree to do it all in a professional and timely manner. We will endeavour to meet every deadline that is set and on top of that we will maintain the confidentiality of everything you give us, all in accordance with the terms set out below in this Contract.
Scope of Work
Pre-Makeover VIP Day Requirements
The Client will have the Makeover VIP Day Creative Brief completed and ready to go at least 3 business days prior to the Makeover VIP Day. The Client agrees to provide the Service Provider with everything that is needed to complete the Makeover VIP Day including text and media including but not limited to images, photographs, videos, etc. and in the format that the Service Provider asks for. Any delays in sending Service Provider the information needed may cause your Makeover VIP Day to be rescheduled, at the Service Provider’s discretion.
Makeover VIP Day Intensive
During this intensive, Service Provider agrees to provide up to 8 hours on assignments to be determined by Client, as well as a 1 hour Pre-Makeover VIP Day strategy call, and 30 days of Post-Makeover VIP Day email and messaging support. Work will be performed at the offices of Service Provider, but occasionally may take place at other locations, as required. Work priority and scheduling will be at the discretion of Client. Work will normally occur between the hours of 9 AM to 5 PM on Tuesday through Thursday.
Post-Makeover VIP Day Support
As a bonus to the Makeover VIP Day, the Client will also receive 30 days of support following our Makeover VIP Day Intensive, starting with the day after service is complete. The Client will be able to email or message the Service Provider with any questions or concerns about the work that was performed, and will receive a reply via email, message or video tutorials. This support does not cover additional design or website work that exceeds what was done during the intensive. If the Client has additional work that needs to be performed, Client will have the option to book another day or a half-day intensive.
Payment for these services will be to the Service Provider at the rate of $2,000 and will be due at the time of booking this appointment. Client may choose to alternatively pay a 50% deposit, and pay the balance 72 hours prior to the appointment date.
This purchase is non-refundable, but may be transferred to another date or service with 7-days prior written notice. The Client's deposit is valid for 90 days, and must be used within that time frame. In the event the intensive fails to occur within 90 days, or the Client fails to request a new date at least 7 days prior to their booked appointment, the deposit will be forfeited, and the intensive will be terminated. If the Client wishes to reschedule beyond 90 days, the original deposit may, at the Service Providers discretion, be applied to a new booking at the current intensive rate, which may or may not be higher than the original booking rate.
Additional Design Services
Design services in addition to the dedicated day will be made available by Service Provider at the rate of $1,000 per half-day (up to 4 hours) or $2,000 per day (up to 8 hours), and will be billed separately. Any expenses exclusive of normal overhead are not included in this agreement and will be billed separately. Examples of such expenses are: stock images, premium font licenses, and 3rd party application services.
The Service Provider cannot guarantee that the functions contained in any web page templates or in a completed website will always be error-free and so the Service Provider cannot be liable to the Client or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages, even if the Client has advised the Service Provider of such damages.
Service Provider and Client each warrant that they are authorized to enter this Agreement. Except for this warranty, neither party makes any other warranties, express or implied. Client acknowledges that the Service Provider cannot guarantee any particular results or outcomes from the services provided under this Agreement.
Portfolio and Testimonials
Client understands that any written statements, images, audio recordings or video recordings of Client while participating in the intensive and made on behalf of the Service Provider may be used in connection with publicizing and promoting the Service Provider. Client authorizes the Service Provider to use their name, brief biographical information, and the written or recorded statements.
Any and all Client information and data of a confidential nature, including but not limited to any and all design, creative, marketing, sales, finances, accounting, operating, performance, know how, business and process information shall be treated by Service Provider in the strictest of confidence and not disclosed to third parties or used by Service Provider for any purpose other than for providing Client with the services specified in this Agreement without Client’s express written consent.
Confidential Information shall not include any information which (a) becomes available to the public through no breach of confidentiality by Service Provider, (b) was in Service Provider's possession prior to receipt from the disclosure, (c) is received by Service Provider independently from a third party free to disclose such information, or (d) is independently developed by Service Provider without use of the Client's Confidential Information.Neither party may disclose the terms of this Agreement without the other party’s prior written approval, unless such disclosure is compelled by a court of law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia without regard to its choice-of-law or conflict-of-law provisions.
The Parties agree that, prior to filing a lawsuit with respect to any dispute, controversy, or claim concerning this Agreement (collectively and individually, “Dispute”), they will make a good faith attempt to resolve the Dispute, in writing, within 30 business days. If no resolution can be determined, the parties will submit the Dispute to mediation, the procedure for which shall be mutually agreed upon by the Parties (“Mediation”). The Parties agree to share equally any costs or fees resulting from engagement of a mediator and or the hiring of an appropriate forum for the Mediation. The Parties agree to pay their own individual expenses incurred in the Mediation (including, without limitation, the cost of each Party's independent counsel or other representative(s)). Should such Mediation fail, the Parties agree that the exclusive venue for any unresolved Dispute is an appropriate court located within the State of Georgia.
The terms of this contract will be automatically applied to all new items added to the scope throughout the duration of the project, unless otherwise specified. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.