IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING THE AMM COMMUNICATIONS PROPRIETARY MATERIALS INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH HIRE WELL TODAY.
BY ACCESSING OR USING THE AMM COMMUNICATIONS PROPRIETARY MATERIALS INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH HIRE WELL TODAY, YOU ACKNOWLEDGE THAT:
YOU HAVE READ THIS AGREEMENT; B. YOU UNDERSTAND IT; AND C. YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.
IF YOU DO NOT AGREE, DO NOT UNDERSTAND, OR DO NOT ACCEPT THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE ANY OF THE AMM COMMUNICATIONS PROPRIETARY MATERIALS INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS AREA, AND/OR PROGRAMS ASSOCIATED WITH HIRE WELL TODAY, AND CONTACT US IMMEDIATELY AT: ed@ammcommunications.com
This User Agreement for Hire Well Today (the “Agreement”) is made and entered into by and between AMM Communications located at 12420 S 40 DR., St. Louis, Missouri 63141 (“AMM Communications”) and _____________________________________ (“YOU” or “YOUR”, an individual). AMM Communications and YOU may be individually referred to as a “PARTY” or collectively as the “PARTIES”.
RECITALS
WHEREAS, AMM Communications is engaged in the business of talent acquisition coaching services;
WHEREAS, AMM Communications possesses the skill, training and qualifications necessary and customary within the field of talent acquisition coaching to provide YOU with the services contemplated by this Agreement; and
Page 1 of 10
AMM Communications Member Agreement for AMM Communications Hire Well Today Program
WHEREAS, YOU desire to engage AMM Communications to provide talent acquisition coaching services to YOU in the form of webinars, audio and/or visual presentations, and periodic personal coaching and evaluation;
NOW, THEREFORE, IN CONSIDERATION OF the recitals described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledge, the PARTIES agree as follows:
MEMBERSHIP AND PROGRAM FEES
1.1. Program
AMM Communications agrees to provide talent acquisition coaching services to YOU in the form of webinars, audio and/or visual AMM Communications presentations, and periodic personal coaching and evaluation (the “Program”) in exchange for a Program Fee (defined below in Section 1.2). Your access to the Program is made conditional on payment of such Program Fee.
YOUR membership in the Program includes the following:
Lifetime access of the membership portal where AMM Communications hosts and/or stores its training modules, PDF resources, and audio and/or video presentations (“Lifetime Materials”). AMM Communications constantly updates these Lifetime Materials.
For the duration of the Agreement, unlimited individual support through the AMM Communications email ticket support and phone support.
For the duration of the Agreement, one (1) live group
coaching and training call a week hosted through Zoom 1. For the duration of the Agreement, recordings of these calls will be accessible via Slack 2.
1 Zoom is a third-party videoconferencing service 2 Slack is a third-party social media platform
Page 2 of 10
AMM Communications Member Agreement for AMM Communications Hire Well Today Program
For the duration of the Agreement, access to the AMM Communications
private community of professionals in Slack.
1.2. Program Fee
By accepting the terms of this Agreement, YOU agree and understand that YOU are committing to pay AMM Communications either:
Four Thousand Dollars ($4,000.00) per month for two (2)
consecutive months ($8,000.00 Total Cost);
A one (1) time upfront lump sum of Six Thousand Dollars
($6,00.00); or
A one (1) time upfront lump sum of Ten Thousand Dollars ($10,000) if you do not buy during the breakthrough session call.
YOU agree to pay the Program Fee to AMM Communications via credit card over the telephone.
1.3. Term
This Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee, at which time YOU will be enrolled in the Program.
The Program lasts six (6) weeks (the “Term”).
1.4. Termination
AMM Communications may terminate this Agreement in its discretion at any time. If AMM Communications elects to terminate this Agreement with YOU, it will issue a full refund of the Program Fee to YOU.
Page 3 of 10
AMM Communications Member Agreement for AMM Communications Hire Well Today Program
AMM Communications is not obligated to issue you a refund or return a pro-rata share of the Program Fee to YOU if YOU choose to discontinue use of the Program, not participate in the Program, and/or terminate this Agreement.
PROMOTIONAL MATERIALS
By accepting the terms of this Agreement, YOU affirmatively agree and acknowledge that AMM Communications may reproduce and/or disseminate any statement(s) and/or testimonial(s) produced by YOU describing YOUR experience participating in the Program. YOU agree and acknowledge that this includes any statement published to publicly accessible social media accounts and/or online forums.
AMM Communications agrees not to use personally identifiable information to promote the Program and/or other AMM Communications services used by YOU without YOUR written consent.
YOU further agree that any such statement(s) and testimonial(s) produced by YOU describing YOUR experience participating in the Program and/or other AMM Communications services shall be correct, accurate, and truthful.
SUCCESS NOT GUARANTEED
YOU understand that AMM Communications does not guarantee specific results. YOU understand and acknowledge that everyone’s success is different, and dependent on factors, including but not limited to, one’s own drive, dedication, and motivation. YOU further understand and acknowledge that there is inherent risk, as with any venture.
Any examples of employment or testimonials from past or current participants in the Program or clients of AMM Communications are not meant as a promise or guarantee of YOUR own success.
OBLIGATION OF PARTIES
4.1. Obligations of AMM Communications
Page 4 of 10
AMM Communications Member Agreement for AMM Communications Hire Well Today Program
AMM Communications possesses the skill, training and qualifications necessary and customary within the field of talent acquisition coaching to provide YOU with the services contemplated by this Agreement.
AMM Communications agrees to provide talent acquisition coaching services to YOU.
AMM Communications agrees to provide all necessary materials to YOU to participate in the Program.
AMM Communications does not offer and is not obligated to provide legal and/or tax advice to YOU.
AMM Communications commits, to the best of its ability, to provide a response to YOU within a 48-hour hour period for requests for support. AMM Communications does not operate on weekends or holidays. See Section 1.1.
4.2. YOUR Obligations
YOU acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in the Program, YOU are taking full responsibility for YOUR own success.
YOU agree to participate in, to the best of your ability, in the Program. This includes committing to execute all lessons, assignments, and coursework that encompass the Program. This further includes attending the scheduled Q&A and coaching sessions in the Program.
CONFIDENTIALITY
5.1. Intellectual Property
All proprietary, confidential and intellectual property and related materials, including but not limited to, the Program; written, audio and/or visual materials; and member login credentials, provided and/or produced to YOU by AMM Communications (the “Intellectual Property”), will be the sole property of the AMM Communications. YOU understand and acknowledge that
Page 5 of 10
AMM Communications Member Agreement for AMM Communications Hire Well Today Program
the Intellectual Property is the sole property of AMM Communications under United States copyright, trademark, and other intellectual property laws and international treaties. YOU may not use the Intellectual Property for any purpose other than that contracted for in this Agreement, except with the written consent of AMM Communications. YOU will be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property.
Any and all trademarks or service marks that AMM Communications uses in connection with services rendered by AMM Communications are trademarks or service marks owned by AMM Communications. This Agreement does not grant YOU any right, license, or interest in such trademarks or service marks, and YOU shall not assert any right, license, or interest in such trademarks or service marks or any words and/or designs that are confusingly similar to such trademarks or service marks.
5.2. Confidentiality
During the course of this Agreement, YOU will have access to AMM Communications Intellectual Property. YOU understand and acknowledge that this Agreement authorizes access to the Intellectual Property to YOU only. YOU agree not to disclose or discuss any of the Intellectual Property directly or indirectly, or use it in any way for any purpose other than exercising rights expressly granted to YOU by this Agreement.
5.3. Data Protection
YOU understand and acknowledge that AMM Communications may collect certain personally identifiable information about YOU. AMM Communications has safeguards in place to help protect against unauthorized access to, use or disclosure of this information. AMM Communications will not sell this information to any third-party or other organization. AMM Communications is not responsible for the actions of any third-party (e.g. Slack, Zoom) that may obtain or be granted access by YOU to this information.
INDEMNIFICATION
Page 6 of 10
AMM Communications Member Agreement for AMM Communications Hire Well Today Program
YOU shall indemnify and hold AMM Communications harmless from all claims, losses, expenses, fees, including attorney fees, costs, and judgments, that may be asserted against AMM Communications resulting from or arising out of any negligence or misconduct on YOUR part.
LIMITED LIABILITY
Except as expressly provided in this Agreement, AMM Communications makes no guarantees, representations, or warranties of any kind or nature, express or implied with respect to the services negotiated, agreed upon, and rendered. In no event shall AMM Communications be liable to YOU for any indirect, consequential, or special damage. Notwithstanding any damages that YOU may incur, entire liability of AMM Communications under this Agreement, and YOUR exclusive remedy, shall be limited to the amount actually paid by YOU to AMM Communications under this Agreement for services rendered through and including the termination date.
ADDITIONAL TERMS
8.1. Amendment/Modification
AMM Communications reserves the right, in its sole discretion, to amend this Agreement. AMM Communications will provide YOU written notice, including a copy of the amended agreement, at least ten (10) days in advance of the change taking effect.
8.2. Entire Agreement
This Agreement contains the entire understanding of the Parties hereto and may not be modified or amended except by a writing signed by the Parties to be charged therewith.
8.3. Counterparts
This Agreement may be signed in any number of counterparts. Each counterpart is an original. Together, all counterparts form one single document.
Page 7 of 10
AMM Communications Member Agreement for AMM Communications Hire Well Today Program
8.4. Titles/Headings
Headings are inserted for the convenience of the Parties and are not to be considered when interpreting this Agreement.
8.5. Notice
All notices, requests, demands or other communications required or permitted by this Agreement shall be deemed effective if given in writing and delivered via electronic mail.
8.6. Waiver
The waiver by either Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.
8.7. Non-Transferability
YOUR rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.
8.8. Severability
If any provision of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
8.9. Non-Disclosure
The terms and conditions of this Agreement are absolutely confidential between the parties and shall not be disclosed to anyone else, except as shall be necessary to effectuate its terms. Any disclosure in violation of this section shall be deemed a material breach of this Agreement.
8.10. Integration
Page 8 of 10
AMM Communications Member Agreement for AMM Communications Hire Well Today Program
This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire agreement between the Parties, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have or had with AMM Communications relating to the Program, whether oral or written.
8.11. Governing Law
This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States of America and the State of Missouri. The venue for any dispute shall be in St. Louis, Missouri.
8.12. Dispute Resolution
Any controversy among the Parties involving the construction or application of any provision of this Agreement shall first be addressed in a private mediation in the State of Illinois. The mediator will be chosen by consent of the Parties and shall be paid for in equal shares by the Parties.
If the Parties are unable to resolve any controversy at mediation, the matter will be submitted to private arbitration in Illinois, on the request of any Party. The arbitrator will be chosen by consent of the Parties. If the Parties are unable to agree on an arbitrator within twenty (20) days of commencement of an arbitration proceeding by service of a demand for arbitration, the arbitrator shall be selected by a superior court judge in the county of St. Louis, state of Missouri. Arbitration shall comply with and be governed under the provisions of the State of Missouri. The decision of the Arbitrator will be final and binding on the Parties.
8.13. Attorney’s Fees and Legal Expenses
If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing Party shall be entitled to recover from the other Party, as part of the prevailing Party’s costs, reasonable attorneys’ fees,
Page 9 of 10
AMM Communications Member Agreement for AMM Communications Hire Well Today Program
the amount of which shall be fixed by the court or arbitrator and shall be made a part of any award or judgment rendered.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
BY SIGNING BELOW, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS.