Confidentiality Agreement
This Agreement is made effective as date agreed upon by client and First and Lasting Impression, LLC. In this Agreement, the party who is contracting to receive services shall be referred to as "Client", and the party who will be providing the services shall be referred to as "Consultant".
Client desires to have services provided by Consultant. Therefore, the parties agree as follows:
Performance of Services
Consultant shall determine the manner in which the Services are to be performed and the specific hours to be worked by Consultant. Client will rely on Consultant to work as many hours as may be reasonably necessary to fulfill Consultant's obligations under this Agreement. Results may vary and depend on client’s ability and efforts to obtain the job.
Retainer of Payment
Client will pay a retainer to Consultant for the Services in the amount outlined on invoice. Payment is due 3 days prior to project start date. Monthly package services are due on date of invoice of every month and every month thereafter (to fulfill the commitment agreed upon). This retainer is non-refundable.
Consultant shall send invoices to the Client five days before retainer is due.
Expense Reimbursement
Consultant shall be entitled to reimbursement from Client for the following "out-of-pocket" expenses: travel expenses and travel related meals, if approved in advance by the Client.
Termination of contract
This Agreement shall terminate by either party automatically at the end of the project (unless re-negotiated by both parties.) If terminated by client, prior to end day, no refunds are provided. If terminated by consultant, partial refund may provide for any incomplete services.
Relationship of Parties
It is understood by the parties that Consultant is an independent contractor with respect to Client, and not an employee of Client. Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefits.
Confidentiality
Client recognizes that Consultant has and will have the following information:
- Business affairs; financial information; personal information; future plans;
and other proprietary information (collectively, "Information") which are valuable, special and unique assets of Client and need to be protected from improper disclosure. In consideration for the disclosure of the Information, Consultant agrees that Consultant will not at any time or in any manner, either directly or indirectly, use any Information for Consultant's own benefit, or divulge, disclose, or communicate in any manner any Information to any third party without the prior consent of Client. Consultant will protect the Information and treat it as strictly confidential. A violation of this paragraph shall be a material violation of this Agreement. Client agrees to protect and not share coaching/branding techniques and content provided during agreement, with anyone outside the parties outlined in this agreement. Failure to adhere to these terms will result in a $1,000 penalty.
Confidentiality After Termination
The confidentiality provisions of this Agreement shall remain in full force and effect after the termination of this Agreement.
Return of Records
Upon termination of this Agreement, Consultant shall deliver all records, notes, and data of any nature that are in Consultant's possession, or under Consultant's control, and that are Client's property or relate to Client's business.
Notices
All notices required or permitted under this Agreement can be to DanielleCobo@DanielleCobo.com and client
Amendment
This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties
Severability
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Waiver of Contractual Agreement
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Lawyer Review
Client has opportunity for their attorney to review contract and understands the terms and conditions.
Applicable Law
The laws of the State of Florida shall govern this Agreement. The parties agree to exclusive jurisdiction in the state of Florida in the county of Hillsborough county.
Dispute Resolution
In the event of a dispute between the parties that cannot be resolved after 10 days’ notice by the other party and either party files a lawsuit, the prevailing party should be entitled to attorney’s fees and cost.
Confidentiality
Client agrees to not post any negative information on social media, without consultants’ approval. The client may fill out a questionnaire about the experience and satisfaction after the client has completed services, as a source of feedback. The result of the survey may be published on social media.
Entire Agreement
The above contains the entire Agreement of the parties and there are no other promises or conditions in any other Agreement whether oral or written. This Agreement supersedes any prior written or oral Agreements between the parties.
Employment
This Agreement does not guarantee employment. Performance through the interview process is dependent on the client.
