IMPACTING MILLIONS, LLC
FORBES PROFILE PLACEMENT
TERMS OF ENROLLMENT

Please READ carefully. This is a legal contract.

This Agreement (the “Agreement”) is entered into by and between Impacting Millions, LLC (“Consultant”) and you (“Client”). 

1. Services

Consultant agrees to provide Client with the following services (“Services”):

• Work 1:1 with Senior Media Professional to craft several article headlines and story pitch;
• Up to five (5) follow up calls with Senior Media Professional;
• Selena Soo’s PR team to pitch top story ideas to Forbes contributor;
• Senior Media Professional to ghostwrite full article and make any edits based on Client feedback;
• Senior Media Professional to oversee image selection for profile story;
• A thirty (30) minute call with Selena Soo to develop promotional strategy;
• Email support in between calls

If Client wishes to extend the consulting relationship, both Consultant and Client must agree in writing (including by e-mail), to any additional services and payment terms.  The terms of this agreement will continue to apply unless any future agreement expressly supersedes it.

The Consulting Relationship: Client and Consultant Responsibilities 

Consultant agrees to serve as your content consultant.  Consulting is designed to help you create and edit your article, select article imagery, pitch to Forbes, market, and promote the article. This consulting relationship is an alliance between the Consultant and the Client.   

Consultant Responsibilities: 

• Consultant is committed to helping you create an article that is placed in Forbes.
• Consultant will ask thoughtful questions and provide valuable feedback.
• Consultant will provide you with a well written and produced article, along with assisting in the selection of images to accompany the article.

Client Responsibilities:

• You are to accurately and fully complete and submit the intake questionnaire form. 
• You agree to show up and be available for call sessions.
• You agree to provide ideas and truthful information to be used for your article. 
• You agree not to hold Consultant, or any company Consultant is affiliated with, liable for any outcomes resulting directly or indirectly from the choices you make during the consulting process.
• You understand that your article placement in Forbes is based on Forbes’ sole discretion and authority. The Consultant does not guarantee that your article will be placed in Forbes. 

Consultant does not provide any financial, legal, services or advice.   Consulting is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional.  You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Consultant disclaims any liability for your reliance on any opinions or advice contained in the Services.

You agree that you will not use Consultant’s Services as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with the Consultant.

Consultant cannot and does not guarantee any particular results, financial or business outcomes.

2. Fees and Payment Schedule

Client agrees to the following fees and payment schedule:

Upon registering for Consultant’s Services, you agree to pay the one-time payment of $10,000 USD.

If paying by Paypal, debit card or credit card, you give us permission to automatically charge your credit or debit card for all fees and charges due and payable to the Consultant, without any additional authorization, for which you will receive an electronic receipt.  You also agree that the Consultant is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

3. Refunds

Client understands that Consultant will aid in creating, writing, advising, marketing, and pitching your story piece/article to Forbes. However, Consultant does not guarantee that your story piece or article will be placed in Forbes or that Forbes will select your story piece for their magazine or content.

In the event Forbes denies your story piece or article, Consultant agrees to refund you the full amount paid for Consultant’s Services, totaling $10,000, in the same form in which the payment was made.

4. Session Procedures

Sessions will last anywhere from 15 to 60 minutes and will take place by phone or video conference.  Consultant will initiate the call.  Where possible, sessions will take place at a set time and day, however, can be adjusted as mutually agreeable.  

A 24-hour cancellation notice is required for all scheduled sessions.  If Consultant must reschedule the appointment last minute due to an emergency, the missed appointment will be rescheduled.

Email support is included as a part of the package.  Support will include follow up emails and communication regarding any correspondence Consultant receives from Forbes about your story piece, and answering any questions that may arise in between sessions.   Support will not be available on Saturdays, Sundays or holidays.  

5. Preparation for First Session

Client will receive a separate welcome email and intake questionnaire that must be completed and submitted to Consultant prior to the first session. 

6. Confidentiality

Consultant agrees to keep all information about the Consultant / Client relationship strictly confidential except in very rare circumstances where disclosure is required by law, for example when a court might issue a subpoena for the file or information, or if Client threatens to harm himself or herself, or others.  Client acknowledges that Consultant / Client communications are not covered by any doctor-patient privilege or other privilege.

If Client wishes for Consultant to speak to someone outside our interactions, then Client needs to give Consultant written permission (original signed letter or e-mail) to do so.  

7. Non-Disclosure

In order to assist Consultant in performing its obligations under this Agreement, Consultant may have access to some of Client’s confidential information. For purposes of this Agreement, “Confidential Information” includes all information or material that has or could have commercial value or other utility in the business in which Client is engaged, or to Client’s customers or their business, and which is not generally known to the public.  Consultant agrees to keep all Confidential Information strictly confidential and not to use or disclose this information to third parties unless Consultant first obtains written permission from Client permitting disclosure of such information.

The non-disclosure provisions of this Agreement shall survive the termination of this Agreement and Consultant’s duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer has or could have commercial value or other utility in the business in which Client or its customers are engaged, or until it becomes publicly known.

8. Force Majeure 

Consultant shall not be deemed in breach of this Agreement if Consultant is unable to complete or provide all of the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of Consultant or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Consultant’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Consultant shall give notice to Client of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services or other accommodations, or may terminate this Agreement.

9. Termination

Either party may terminate this agreement by providing notice in writing (including by email), however refunds will be dictated by the provisions set forth in section 3, Refunds..  Consultant requests Client provide at least 48 hours’ notice of termination prior to your next scheduled call session, where possible.  

10. Ownership of Work created by Consultant for Client

“Preliminary Works” means all work such as concepts, edits, revisions, or proposed drafts, documents, or files developed by Consultant.  “Final Deliverables” means the final versions of work product provided by Consultant and approved by Client. 

Consultant acknowledges that Client has rights to use Preliminary Works in any form or medium, prior to the Preliminary Works being submitted to Forbes, and in any way in the future, both commercially and non-commercially, without Consultant’s consent. For example, Client can incorporate Preliminary Works into its website, use them in marketing materials, or post them on any social media platform.

Assignment to Client:

Upon completion of the Services, and expressly subject to full payment of all fees, costs and expenses due, Consultant assigns to Client all right, title, and interest, including without limitation copyright and other intellectual property rights, in and to the Final Deliverables. Consultant agrees to reasonably cooperate with Client and shall execute any additional documents necessary to evidence such assignment.   

License to Client; Client Owns all Rights in Final Deliverables: 

Consultant agrees that Client owns all copyrights and intellectual property in all Preliminary Works and Final Deliverables.  Consultant agrees the Final Deliverables were not created as a work made for hire under the U.S. Copyright Act.

11. Limitation of Liability, Release

Client agrees that Consultant will not be liable to Client or any third party for any damages (including, without limitation, lost data, lost profits, incidental or consequential damages), that arise from Consultant’s performance of services (including, without limitation, failure to perform in a timely manner).  Client agrees that any personal injury to Client or third parties or any property damage incurred in the course of performance of the Services shall be the sole responsibility of Client.  Client agrees to indemnify Consultant, and its owners, officers, employees, and agents, from and against any and all costs, losses, damages, liabilities, expenses, demands, and judgments, including court costs and attorney’s fees, which may arise out of Consultant’s performance of the Services, except to the extent such are caused by the sole fault or negligence of Consultant.

12. General Provisions

This Agreement will be governed by the laws of New York. Client agrees to submit to the jurisdiction and venue of the state and federal courts in or nearest to New York, New York, and waives any defense of lack of personal jurisdiction or forum non conveniens.  This Agreement may only be modified by agreement of both parties in writing. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision. The prevailing party in any dispute between the parties arising out of or related to this agreement, whether resolved by negotiation, mediation, or litigation, shall be entitled to recover its attorneys’ fees and costs from the other party.

This is the entire agreement of the parties, and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.

By clicking on the box when signing up for these Services, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document.  If you do not agree with these Terms, do not purchase or use the Services.