Overview We hereby agree to the terms that frame this agreement. The Client wishes to engage the services of the Consultant for specialized coaching on cold email marketing campaigns under the Hypergrowth program; and

The Client has ascertained that the Consultant holds the necessary expertise and experience in cold email marketing campaigns to provide such coaching services; and

The Client acknowledges that the Consultant is not an Accountant, CPA, lawyer, doctor, or licensed counselor and does not offer financial, legal, or clinical advice; and

The Client comprehends that while the Consultant offers advice on cold email marketing campaigns, it is the responsibility of the Client to ensure compliance with all relevant laws and regulations pertaining to emails. Any advice provided is based on the Consultant's experiences and expertise, and results are neither promised nor guaranteed.

Confidentiality. Both parties understand and agree that during the course of this consulting engagement, sensitive and proprietary information may be exchanged. The Consultant acknowledges the importance of maintaining the confidentiality of such information and agrees to the following terms: "Confidential Information" refers to any non-public, proprietary, or sensitive information disclosed by either party to the other, either directly or indirectly, in written, oral, electronic, or any other form. Confidential Information includes, but is not limited to, trade secrets, business strategies, financial data, customer lists, marketing plans, software, processes, designs, and any other information that is not publicly available. The Consultant agrees to: a) Use the Confidential Information solely for the purpose of fulfilling the obligations outlined in the consulting agreement. b) Not disclose, reproduce, distribute, or make available the Confidential Information to any third party without the prior written consent of the Client, except as required for the performance of the consulting services. c) Take all reasonable measures to protect the confidentiality of the Confidential Information and prevent unauthorized access, use, or disclosure. The obligations of confidentiality shall not apply to information that: a) Was already known to the Consultant before its disclosure by the Client. b) Becomes publicly available through no fault of the Consultant. c) Is independently developed by the Consultant without reference to the Confidential Information. d) Is required to be disclosed by law, regulation, or court order, provided that the Consultant gives the Client prompt notice of such requirement to allow the Client the opportunity to seek a protective order. The obligations of confidentiality shall survive the termination or completion of the consulting engagement and shall continue for a period of one year from the date of termination.

Communication, Responsibilities, and Results The Client acknowledges that the results of any cold email marketing campaign are influenced by a myriad of factors and the Consultant cannot guarantee specific outcomes or responses from the recipients. The Consultant will provide guidance on best practices, but the Client's actions, decisions, and adherence to legal and ethical standards remain paramount.

The Client and Consultant agree to communicate openly, honestly, and respectfully. Feedback and questions are encouraged.

Cancellation or rescheduling of sessions should be informed at least 24 hours in advance. Missed sessions might be forfeited and may not be eligible for rescheduling.

It remains the Client's responsibility to verify the correctness and legality of any material, including email content, before dispatch. The Consultant is not accountable for errors or regulatory breaches in finished campaigns.

The Consultant may showcase their collaboration with the Client in marketing materials unless deemed confidential.

Recommendations from the Consultant concerning third-party tools or resources do not obligate the Client, and any usage is at the Client's discretion. Financial ties between the Consultant and recommended tools are possible.

Payments The Client agrees to pay the Consultant a one-time fee for the following services:

1. Creation of 40 email address accounts.
2. Procurement of up to 20 domain names with a validity of one year.

Please note that this payment is non-refundable. The Consultant will not initiate work until the full payment has been received.

After the initial period or service, any renewals, ongoing costs, or maintenance associated with the email accounts, domain names, or any other service will be the sole responsibility of the Client.

The Client acknowledges that, beyond the services outlined in this Agreement, there may be additional financial requirements. These can include, but are not limited to, software subscriptions, lead lists, and other resources essential for successful cold email marketing campaigns. Such additional expenses are not included in the one-time fee and will be borne by the Client.

In the event that the Client requests additional services or work beyond the scope outlined in this Agreement, both parties may agree to such modifications in writing without the need to execute a new agreement. Any modifications to the scope of work shall be confirmed through written correspondence, which may include email communication, provided that both parties expressly acknowledge and agree to the changes.

All other terms and conditions of this Agreement, not explicitly modified here, shall remain in full force and effect.

Liability and Compliance

1. The Client acknowledges that while the Consultant provides advice on cold email marketing strategies, the ultimate responsibility lies with the Client to ensure they are in compliance with all applicable laws, regulations, and ethical guidelines concerning email communications. This includes, but is not limited to, compliance with the CAN-SPAM Act, General Data Protection Regulation (GDPR), and any other regional or international email marketing laws and regulations.
2. The Consultant shall not be held liable for any negative outcomes, legal consequences, or violations resulting from the Client's email campaigns. It is the Client's duty to remain informed and compliant with all regulations pertaining to their email marketing initiatives.
3. This Agreement does not substitute for legal advice. Decisions made by the Client based on the coaching sessions or any other materials provided by the Consultant are the Client's sole responsibility. The Consultant is simply providing a methodology and process for emailing and leaves all ethical and legal decision-making and implications in the hands of the Client.

Indemnification The Client will indemnify, defend, and hold the Consultant harmless from all claims, damages, liabilities, losses, expenses, and costs (including reasonable attorney's fees) arising out of or in connection with the Client's use of the services provided under this Agreement or any violations of email marketing laws and regulations.

General Terms The Consultant reserves the right to fully assign and transfer this Agreement in whole or part.

By signing below, both parties acknowledge and concur with the terms of this Hypergrowth Cold Email Marketing Coaching Agreement.