This Marketing Services Agreement (“Agreement”) establishes the terms and conditions between The Living Acts LLC (“Company”) and the Client regarding participation in our marketing services. By engaging our services, submitting payment, or signing an agreement, the Client agrees to these terms.

1. SCOPE OF SERVICES

The Living Acts LLC provides high-level digital marketing solutions, which may include but are not limited to:
Social Media Strategy & Content Optimization
Email Marketing & Lead Nurturing
Paid Advertising Strategy & Implementation
High-Ticket Offer Positioning & Monetization Strategy
Website & Funnel Optimization
Marketing Systems Setup & Automation

Services are provided under the following commitment periods:

• 30-Day Accelerator ($5K ) – Marketing Optimization
• 90-Day Growth Plan ($10K) – Marketing Overhaul & Optimization
• 6-Month Scale Program ($25K) – Marketing System Setup & Scaling
• 12-Month Revenue Growth Strategy ($50K) – Full Marketing & Growth Strategy

Deliverables and service details are outlined in the proposal agreed upon by both parties. Any additional services beyond the original scope require a separate agreement and payment.

2. FEES, PAYMENTS & BILLING

2.1 Service Fees

The Client agrees to pay the service fee as follows:

• Full Payment is required upfront unless a payment plan is agreed upon.
• Payment Plans (if applicable) – If a payment plan is offered, the Client agrees to make timely payments as per the agreed schedule.

2.2 Payment Method & Authorization

• Payments must be made via Stripe, ACH, or credit card.
• The Client authorizes The Living Acts LLC to charge their payment method on file for all agreed-upon service fees.
• If a payment method declines or becomes invalid, the Client must provide an updated payment method immediately to avoid service interruptions.

2.3 Late Payments & Service Suspension

• A 5% late fee will be added if payment is not received within 5 days of the due date.
• If payment remains unpaid for 10 days, The Living Acts LLC reserves the right to pause or terminate services without further obligation.
• The Client is still responsible for the full contract amount, regardless of service suspension.

3. REFUND & CANCELLATION POLICY

3.1 No Refund Policy

All payments are final and non-refundable. The Client agrees that by purchasing services, they are fully committed to the contract term and understand that no refunds will be provided, regardless of results.

3.2 Client-Initiated Cancellations

If the Client wishes to cancel services before the contract period ends, the following conditions apply:

• 30-Day Contracts: No cancellations once service has started.
• 90-Day or 12-Month Contracts: The Client must provide a 30-day written notice before termination.
• The Client remains financially responsible for any outstanding balance due for services rendered.

3.3 Termination by The Living Acts LLC

The Living Acts LLC reserves the right to terminate this Agreement without refund if the Client:

• Fails to meet agreed payment obligations.
• Engages in disrespectful, unethical, or unprofessional behavior.
• Fails to provide necessary materials or respond in a timely manner (10 business days of inactivity).

If terminated due to the above reasons, all remaining contract payments remain due in full.

4. CLIENT RESPONSIBILITIES

To ensure success, the Client agrees to:
Provide all necessary access to accounts, branding materials, and required content.
Respond to emails, approvals, and content reviews within 2-3 business days.
Follow the agreed-upon marketing strategies and implementation plan.

Failure to meet these responsibilities may impact the effectiveness of marketing efforts, for which The Living Acts LLC is not liable.

5. INTELLECTUAL PROPERTY & CONTENT RIGHTS

5.1 Ownership of Work

• Any content, marketing strategy, or material created by The Living Acts LLC remains the property of The Living Acts LLC until full payment is received.
• Upon full payment, the Client is granted a non-exclusive, non-transferable license to use the materials for their business only.

5.2 Prohibited Use of Intellectual Property

• The Client may not resell, modify, distribute, or repurpose any materials without written permission.
• Any unauthorized reproduction of strategies, frameworks, or content may result in legal action.

6. DISCLAIMER OF RESULTS & LIABILITY

6.1 No Guarantee of Specific Outcomes

The Living Acts LLC does not guarantee any specific financial results, lead conversions, or business growth. Marketing success depends on multiple factors, including industry conditions, audience behavior, and client execution.

6.2 Limitation of Liability

• The Living Acts LLC shall not be held liable for lost revenue, missed opportunities, or third-party platform suspensions (e.g., TikTok, Instagram, Facebook, Stripe, or email providers).
• The Client agrees to hold The Living Acts LLC harmless from any financial losses or disputes related to marketing campaigns.

7. CONFIDENTIALITY AGREEMENT

• Both parties agree to maintain strict confidentiality regarding marketing strategies, client data, and proprietary business information.
• The Living Acts LLC may use non-sensitive business results for marketing purposes (e.g., case studies, testimonials) without disclosing financial details without written consent.

8. DISPUTE RESOLUTION & GOVERNING LAW

• Mediation First: Both parties agree to attempt to resolve disputes via mediation before pursuing legal action.
• Jurisdiction: This Agreement shall be governed by Georgia law and any disputes must be handled exclusively in [Your Business Location].

9. AGREEMENT ACKNOWLEDGMENT

By making a payment, the Client confirms they have read, understood, and agreed to these Terms & Conditions.

Next Steps:
Proceed with your payment via Stripe to initiate services.
Schedule your kickoff strategy session to begin implementation.

For any questions, please contact: jacquelinethill@thelivingacts.com

10. INDEMNIFICATION & PUBLIC REPRESENTATION

10.1 Indemnification

The Client agrees to indemnify, defend, and hold harmless The Living Acts LLC, its officers, employees, contractors, affiliates, and partners from and against all claims, liabilities, damages, losses, costs, and expenses (including attorney’s fees) arising from:

The Client’s use or misuse of services, strategies, or recommendations.
Third-party claims related to intellectual property, privacy violations, or marketing practices.
Any misrepresentation, fraudulent claims, or defamatory statements made by the Client against The Living Acts LLC, its team, or its partners.

The Living Acts LLC reserves the right to pursue legal action if false, defamatory, or misleading statements are made in any public forums, online platforms, social media, or business communities that harm its reputation, credibility, or ability to conduct business.

10.2 Non-Disparagement Agreement

The Client agrees that they will not engage in any behavior or communication—written, verbal, or digital—that disparages, defames, or harms the reputation of The Living Acts LLC or its representatives.

Similarly, The Living Acts LLC agrees not to publicly defame or disclose negative information about the Client.

In the event of a dispute, both parties agree to handle grievances privately and professionally through mediation before making any public statements.

10.3 Use of Results & Marketing Promotions

The Client grants The Living Acts LLC permission to use anonymized results, testimonials, and case studies for marketing and promotional purposes without using the Client’s name, branding, or business details for two (2) years unless express written permission is provided.

• Marketing materials may include growth metrics, campaign performance, success rates, and overall strategy impact.
• No confidential business details will be disclosed without prior written consent.
• After two (2) years, The Living Acts LLC may request the Client’s permission to use their name or branding in promotions.

©The Living Acts LLC 2025