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    WAIVER AND RELEASE OF LIABILITY

     

    SETH HOLBROOK FITNESS, LLC makes no representations, warranties or guarantees related to the fitness plans, tips, exercises or other information provided on this site. The content is not intended to be a substitute for the services of trained professionals in any field, including, but not limited to, medical professionals. Reliance of any information appearing on the site is strictly at the user’s own risk. SETH HOLBROOK FITNESS, LLC, its affiliates, officers, agents and employees shall not be liable for any direct, indirect, consequential, special, exemplary or other losses or damages that may result including, but not limited to, economic loss, injury, illness or death.

     

    All users are responsible for determining whether they are physically and medically able to participate in any fitness plans, tips, or exercises provided by SETH HOLBROOK FITNESS, LLC.

    All users are advised to consult with a medical professional prior to and regarding their participation in any such fitness plans, tips, or exercises.

     

    SETH HOLBROOK FITNESS, LLC makes no representation or warranties relative to any results or physical improvements resulting from the fitness plans, tips, exercises or other information provided on this site. All users hereby acknowledge and agree that the results shall vary relative to the individual participating in such activity.

     

    All users expressly acknowledge and agree that their access or use of any fitness program or exercise contained on this site may involve potentially dangerous and physical activities that may lead to injury, death, loss of consortium or damage. In participating in any such program or exercise, the individual acknowledges and accepts these risks and agrees unconditionally to release and hold harmless SETH HOLBROOK FITNESS, LLC, its affiliates, officers, agents and employees from and against any and all claims, suits, causes of action, costs, expenses or liability arising out of or related to the use or involvement of any programs or exercises contained on this site.

     

    Social Media Management Contract

      

    This contract is a legally binding agreement between the client, and Seth Holbrook Fitness, entered into on the date of purchase.

     

    Agreement

     

    • Whereas the Consultant will perform a myriad of services (See Sec. 2) designed to boost the social media presence of the Client.

     

    • Whereas the Client will compensate the Consultant for said services by paying a weekly fee (See Sec. 3) due on the first day of each seven (7) day period.

     

    • - Whereas this agreement is binding for an initial period of seven (7) days, and will continue in seven (7) day increments thereafter so long as both parties should agree.

     

    Terms

    1. Duration

     

    • The Consultant will render services to the Client for an initial period of seven (7) days beginning on the date of purchase and ending on the reoccurring day the following week.

     

    • The Consultant may have seven (7) days to establish a presence on behalf of the organization across all agreed upon platforms. During this time, the Consultant will work to establish what techniques will work best for the organization.

     

    • Once the initial seven (7) days have transpired, either party may opt to conclude the agreement without penalty. Otherwise, the two parties may extend the existing agreement in seven (7) day increments so long as both parties shall agree.

     

    • Should the Client choose to terminate the contract without cause prior to the end of the initial seven (7) day period, the Client must present the Consultant with a written notice of termination and compensation equal to the amount to be paid to the Consultant over the duration of the initial contract period.

     

    2. Services

     

    • The Consultant will establish the organization’s presence on all social media platforms specified in the notes upon purchase.
    • The Consultant will meet the following criteria:
    1. Increase in impressions
    2. Increase in total reach.
    3. Increase in followers.
    4. Increase in web traffic (if applicable)
    5. Increase in overall engagement statistics (likes, comments, messages, interaction)
    • The Consultant will provide the Client with the following reports:
    • Weekly Progress Report 
    • The Consultant will meet with the Client at the conclusion of each seven (7) day period (in person, by phone, or online) to discuss the campaign’s progress and discuss strategy for the upcoming period. 
    • The services cited in this section (Sec. 2) represent a complete list of the Consultant’s contractual obligations. The Consultant may elect to provide additional services when deemed necessary. Should this occur, the Client will not be billed for additional services. However, the performance of additional services in one period does not obligate the Consultant to provide such additional services in future periods.

     

    3. Compensation

     

    • The Consultant will establish and/or optimize the Client’s social media presence across the agreed upon social platforms for a one time charge of the selected management due up front upon purchase.

     

    • Once payment for the period has been made in full, the Consultant will resume provision of services. Should a suspension of services occur, the complete payment will be necessary to resume services – a prorated amount will not be provided.

     

    4. Account Access & Authorization

     

    • The Consultant is authorized by the Client to assume the identity of the Client in all social media interactions on the internet including, but not limited to, status updates, blog posts, online forum discussions and message board posts, comments, and responses to user comments, messages, and emails.

     

    • The Client will demonstrate this authorization by providing URLs, usernames, and passwords for all of its social mediums via email.

     

    • The Consultant will hold the Client’s URLs, usernames, and passwords in confidence. The consultant will not share this information under any circumstances, nor will the Consultant sell this information to a third (3 ) party.

     

    5. Rights to Created Content

     

    • The Client will retain the right to all content created by the Consultant for the Client, while under contract, and infinitum. However, the Client may not distribute for profit any content created by the Consultant for the Client, while under contract, without the written consent of the Consultant.

     

    • Furthermore, the Consultant will retain the right to use any and all content created by the Consultant for the Client, while under contract, for the purpose of (1) providing samples of the Consultant’s work or (2) instruction – including, but not limited to, presentations, lectures, webinars, and published material in any medium.

     

    6. Access to Client Information

     

    • In order to accurately determine ROI (Return on Investment), the Consultant will, from time to time, ask for financial and customer information from the Client. Requests will be made directly to the Client in person, over the phone, by email, or in writing. After receiving the answer, the Consultant will store the information in the Client’s physical folder and any electronic record will be deleted.

     

    • The Consultant will not share this information under any circumstances, nor will the Consultant sell rd this information to a third (3 ) party.

     

    7. Liability Waiver

     

    • Establishing a social media presence and initiating a two-way flow of communication between the Client and the public can have unintended consequences on the Client’s reputation. Should this occur, the Client waives its right to hold the Consultant responsible for any damage and/or liability that may arise from the Consultant’s actions on behalf of the Client.

     

    • If, at any time, the Client does not agree with actions taken by the Consultant on its behalf, it must notify the Consultant in writing. If the Consultant receives such a communication, the Consultant will post a retraction and apology across all affected platforms within twenty-four (24) hours.

     

    8. Service Interruption

     

    • Either party shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, laws, proclamations, edits, ordinances or regulations, riots, earthquakes, floods, explosions or other acts of nature. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the parties’ respective obligations hereunder shall resume. In the event the interruption of the excused party’s obligations continues for a period in excess of seven (7) days, either party shall have the right to terminate this Agreement upon written notice to the other party.

     

    9. Amendments & Addendums

    • This contract is to be considered complete and final. However, the field of social media is rapidly changing and said changes may necessitate amendment or addition to this contract. Should such a need arise, the amendment or addendum must be drawn up as a separate document, signed by both parties indicating their agreement, and a copy of the signed document must be provided to the Client and the Consultant.

     

    10. Entire Agreement

     

    • Should either party violate the terms of or fail to meet the obligations set forth in this contract, such action will render the opposing party free from any further contractual obligation.


    IN WITNESS WHEREOF, both parties signify their authority to act on their organization’s behalf and agree to abide by the terms of this contract effective the date written above by checking the Terms and Conditions box.

     

     Bookings

    All bookings are non refundable and are set for the date specified upon purchase. Restrictions during bookings include but are not limited to: illegal activity, drug use, sexual activity or advances, and malicious intent. If any of these things occur during a booking, that session is subject to end without refund. All booking expenses must also be paid for in advance and sent via email, this includes travel, and a place to stay if the booking is overnight.

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