I AMM RETAIL RESILIENT LLC
TERMS OF ENROLLMENT FOR TRAINING PROGRAMS
Revised: December 2020
Social Media Coaching Agreement
This Agreement governs Client’s enrollment in Retail Resilient's Coaching Program. By visiting and using this site, you agree to be legally bound by the terms contained here.
Retail Resilient is a successful marketing firm providing sales training, social media education, and business consulting to car dealerships and other businesses across the United States and Canada. The Retail Resilient Coaching Program includes:
- Unlimited access during enrollment to educational and marketing materials
- One-on-one strategic video calls, twice per month, during enrollment
- Learning assignments to be completed by Client between sessions
- Unlimited text and email support
- Access to the Members Portal via secure username and password
The Coaching Program lasts for a minimum of 6 months. Most clients remain enrolled month-to-month after the initial 6-month term because of constant changes in the field of social media marketing and because of the positive results they see in their real-life sales from enrollment in the Coaching Program.
Terms and Conditions
- Incorporation. The above information is incorporated and made part of this Agreement.
- Enrollment Term. This Agreement begins on the Effective Date (the date this Agreement is fully executed and credit card billing information is provided to Retail Resilient) and continues for an Initial Term of 6 months. After the Initial Term, this Agreement automatically renews for additional one-month terms until terminated by either party. The Agreement may not be terminated for any reason during the Initial Term, but it may be terminated at the end of the Initial Term or any time thereafter by providing 30 days advance written notice of termination to the other party. All compensation due to Retail Resilient up through the effective date of termination must be paid, and the full payment for the final month must be paid regardless of the termination date. Despite anything in this Agreement to the contrary, Retail Resilient may terminate this Agreement at any time if it determines that Client is disruptive to the learning process, in breach of this Agreement, or fails to follow instruction during the Coaching Program.
- Credit Card Authorization. Client will provide valid credit card information to Retail Resilient which will be kept on file and used to pay Client’s balance due under this Agreement. Client authorizes the immediate charge due at the execution of this Agreement and pre-authorizes the monthly charges due after the Initial Term. Client agrees to update credit card information if the card on file expires or cannot be charged for any reason.
- Client Responsibilities. To maximize opportunities for success, Client has certain important responsibilities, including the following:
- Client must plan to attend all scheduled video calls or reschedule them in advance. Calls missed by Client without notice will not be rescheduled.
- Client must complete all assignments between sessions.
- Client must abide by all policies and instruction given during the Coaching Program.
- Client must obtain third-party accounts as needed during the course of the Coaching Program. Third-party accounts may include Mailchimp, InfusionSoft, Zapier, Lead Pages, Leadsbridge, WordPress, GoDaddy, and other providers.
- Client is responsible for the cost of all third-party accounts including subscription payments and media spends.
- Indemnification. Client shall indemnify Retail Resilient, including its owners, employees, subcontractors, and agents, for any and all losses (including legal fees and costs) resulting from Client’s breach of this Agreement or resulting from any liability to Retail Resilient arising out of the Client’s actions related to this Agreement.
- Limitations. Retail Resilient cannot guarantee success in any particular marketing endeavor. The information provided throughout the Coaching Program is for general education purposes only and not specific to any particular client or situation. The information should be applied and implemented carefully by Client at Client’s own reasonable discretion. Retail Resilient cannot control independent platforms like Facebook, and Client must abide by their terms of service or risk penalty including account suspension. Retail Resilient makes no representation or warranty other than those explicitly made in this Agreement. All other warranties, whether express or implied, are disclaimed. Client is solely responsible for ensuring compliance with all applicable laws, regulations, car manufacturer agreements, and other contractual obligations while participating in the Coaching Program and applying any information learned to Client’s business practices. With the exceptions of sections 6 and 11 of this Agreement, the maximum liability that either party shall owe to the other for any action arising out of or relating to this Agreement shall be equal to the total compensation actually paid pursuant to this Agreement, and neither party shall be responsible for consequential, indirect, speculative, or other damages.
- Testimonials. If Client gives a written or video testimonial regarding Retail Resilient, that testimonial becomes the property of Retail Resilient to use in any fashion without limitation. Client releases all rights to any such testimonial including any right to compensation or approval in the future.
- Intellectual Property. All materials and information provided by Retail Resilient is considered proprietary intellectual property that is to be used by Client for personal use only. None of the materials provided by Retail Resilient may be used by Client or any other individuals for any other purpose or transmitted or resold to any third party.
- Arbitration. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties submit to such arbitration to be held in Philadelphia, Pennsylvania, with the arbitrator applying Pennsylvania law only, as the exclusive remedy and venue. If the arbitrator finds in favor of Retail Resilient, the arbitrator shall award costs and attorney fees in addition to any other damages awarded. The arbitrator may not consolidate more than one person’s claims or preside over any class action. Client agrees not to attempt to file any civil action in any court or other venue other than the one agreed to in this section, and Client agrees not to participate in any class action and to take affirmative steps to opt out if a class action is filed that potentially includes Client.
- Legal. This Agreement is the full understanding of the parties and supersedes all prior understandings. This Agreement may not be amended except in a writing signed by both parties. Waiver by Retail Resilient of any breach by Client shall not be construed as a waiver of any subsequent breach. If any provision of this Agreement is deemed unenforceable, it will not affect any other provision. The parties represent that they are both sophisticated business entities and neither party is entitled to any presumption against the other regarding the interpretation of this Agreement.