MVR CREATIVE

CLIENT AGREEMENT

 

This Agreement (the "Agreement") is entered into by and between MVR Creative (“Consultant” or “Company”) and you (“Client”).

 

Services

Consultant agrees to provide Client with the following services (“Services”):

 

Consultant and Client agree to engage in the ‘Creative Roadmap’, a Consulting program through 1 (one) meeting (via phone, online, or in person) and light email support.

Consultant will provide the following deliverables:

  • A Dive Into Your Idea questionnaire

  • 1 75-minute strategy session

  • 3 curated action steps at the completion of the strategy session

  • Follow up within 14 days of our strategy session

 

If Client wishes to extend the Consulting relationship, both Consultant and Client must agree in writing (including by e-mail), to any additional services and payment terms.  The terms of this agreement will continue to apply unless any future agreement expressly supersedes it.

 

The Consulting Relationship; Client and Consultant Responsibilities

Consultant agrees to serve as your business consultant.  Consulting is designed to help you start the process of developing your business and/or with bringing your idea to life. Consulting is an alliance between the consultant and the client.   

 

Consultant Responsibilities:

  • Consultant is committed to helping you start the process of developing your business and/or with bringing your idea to life.

  • Consultant will ask thoughtful questions designed to increase awareness.

  • Consultant will teach you tools that you can use to improve your business.

  • Consultant will provide the following deliverables:

    • A Dive Into Your Idea questionnaire

    • 1 75-minute strategy session

    • 3 curated action steps at the completion of the strategy session

    • Follow up within 14 days of our strategy session

 

Client Responsibilities:

  • You understand that consulting works when you do the work, and you agree to take ownership for your progress and accomplishments.

  • You agree to show up for yourself during your consulting.

  • You agree that you are the expert in your own life and business and are fully responsible for any choices and decisions you make during your consulting journey.

  • You agree not to hold Consultant, or any company Consultant is affiliated with, liable for any outcomes resulting directly or indirectly from the choices you make during the consulting process.

 

Michelle Roshanzamir is a trained and professional.  By signing this agreement, Client acknowledges that Michelle Roshanzamir is not a licensed psychologist or health care professional, and consulting is not intended as a substitute for psychological counseling, therapy, or professional health care advice. 

 

Consultant is not a legal, tax, or financial professional, and cannot give you legal, tax, or financial advice.

 

Consultant cannot and does not guarantee any particular results, financial or business outcomes.

 

Fees and Payment Schedule

Client agrees to the following fees and payment schedule:

 

Total package price of $99, paid in full prior to the first session.

 

Company reserves the right to charge a late fee on all balances more than 30 days overdue at the maximum interest rate allowed by law. Client agrees to reimburse Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.

Company also reserves the right to terminate this agreement, and the consulting relationship, should these fees not be paid.

 

Session Procedures

Session will last 75 minutes and will take place by phone or video conference.  Consultant will initiate the call.  If convenient, Zoom will be used. Where possible, sessions will take place at a set time and day, however can be adjusted as mutually agreeable. 

 

A 24-hour cancellation notice is required for all scheduled sessions.  Cancellation requests made less than 24 hours prior to your scheduled appointment will result in the forfeit of the consulting session that was reserved for you.  If Consultant must reschedule the appointment last minute due to an emergency, the missed appointment will be rescheduled

 

Preparation for First Session

Client will receive a separate welcome letter and intake questionnaire to outline the process and prepare for the session.

 

Confidentiality

The Consultant agrees to keep all information about the Consultant / Client relationship strictly confidential except in very rare circumstances where disclosure is required by law, for example when a court might issue a subpoena for the file or information, or if Client threatens to harm himself or herself, or others.  Client acknowledges that Consultant / Client communications are not covered by any doctor-patient privilege or other privilege.

 

If Client wishes for Consultant to speak to someone outside our interactions, then Client needs to give Consultant written permission (original signed letter or e-mail) to do so. 

 

The Company may request your consent to use your likeness (including your name or screen name), comments, posts, photos, images, videos or other contributions created by you (collectively, “Your Material”), for any purposes, including commercial purposes such as advertising. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly display Your Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and grant us the right to make it part of the Company’s current or future Site and Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that, if you grant this consent, we have the right but not the obligation to use Your Material and that we may cease the use of Your Material on our Site or in our Content at any time for any reason.

 

You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. The Company may request your consent to the Company’s use, display, distribution or other publication of these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in any Program. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted the right, without any compensation to you, to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program or in our Content at any time for any reason.

 

Non-Disclosure

In order to assist Company in performing its obligations under this Agreement, Company may have access to some of Client’s confidential information. For purposes of this Agreement, “Confidential Information” includes all information or material that has or could have commercial value or other utility in the business in which Client is engaged, or to Client’s customers or their business, and which is not generally known to the public.Company agrees to keep all Confidential Information strictly confidential and not to use or disclose this information to third parties unless Company first obtains written permission from Client permitting disclosure of such information.

The nondisclosure provisions of this Agreement shall survive the termination of this Agreement and Company’s duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer has or could have commercial value or other utility in the business in which Client or its customers are engaged, or until it becomes publicly known.

 

Force Majeure

Company shall not be deemed in breach of this Agreement if Company is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, death, illness or incapacity of Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Company shall give notice to Client of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services or other accommodations or may terminate this Agreement.

Termination, Refunds

Either party may terminate this agreement by providing notice in writing (including by email).  Company requests Client provide at least 48 hours notice of termination prior to your next scheduled consulting session.  All fees for the Services are non-refundable.  In the event of Company’s termination, Client will not owe any additional payments to Company.

 

Company’s Materials

Client acknowledges that the Company owns, or has permission to use, all copyrights, trademarks, and other intellectual property rights in any written or online materials, workshops, or videos that may be used during our Consulting. Consultant hereby grants Client permission to use these materials for Client’s own personal use only.  Client agrees not to copy, share, sell, or distribute any of these materials to anyone else.

 

Ownership of Work created by Consultant for Client

“Preliminary Works” means all artwork such as concepts, sketches, or proposed designs, documents, or files developed by Consultant.  “Final Deliverables” means the final versions of work product provided by Consultant and approved by Client.

 

Because Preliminary Works are essentially “works in progress,” Client agrees that it does not have any rights to use, and will not use, Preliminary Works in any way, unless Consultant gives Client written or email permission to do so.  For example, Client will not incorporate Preliminary Works into its website, use them in marketing materials, or post them on any social media platform.

 

Assignment to Client:

Upon completion of the Services, and expressly subject to full payment of all fees, costs and expenses due, the Company assigns to Client all right, title and interest, including without limitation copyright and other intellectual property rights, in and to the Final Deliverables. The Company agrees to reasonably cooperate with Client and shall execute any additional documents necessary to evidence such assignment.  

 

Limitation of Liability, Release. Client agrees that Consultant will not be liable to Client or any third party for any damages (including, without limitation, lost data, lost profits, incidental or consequential damages), that arise from Consultant’s performance of services (including, without limitation, failure to perform in a timely manner).  Client agrees that any personal injury to Client or third parties or any property damage incurred in the course of performance of the Services shall be the sole responsibility of Client.  Client agrees to indemnify Consultant, and its owners, officers, employees, and agents, from and against any and all costs, losses, damages, liabilities, expenses, demands, and judgments, including court costs and attorney’s fees, which may arise out of Consultant’s performance of the Services, except to the extent such are caused by the sole fault or negligence of Consultant.

General Provisions. This Agreement will be governed by the laws of California. Client agrees to submit to the jurisdiction and venue of the state and federal courts in or nearest to Los Angeles, CA, and waives any defense of lack of personal jurisdiction or forum non conveniens.  This Agreement may only be modified by agreement of both parties in writing. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to this agreement, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.

 

I have read the above agreement and fully understand and accept the conditions as above.