The Bodies Human Plan for Success!

Introduction

Dear Shiv,

Thank you for choosing Epic Nine as your partner to help accomplish your organization’s mission. We look forward to a long relationship with The Bodies Human.

We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what and what happens if stuff goes wrong. In this contract you won’t find complicated legal terms or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.

You (The Bodies Human) are hiring us (Epic Nine LLC) to provide the following marketing services. Of course it’s a little more complicated, but we’ll get to that.

What do all parties agree to do?

As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval in a timely manner too. Deadlines work two ways and you will also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.

We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavor to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this, we will also maintain the confidentiality of any information that you give us.

Logo and Branding Style Guide

We will  provide the following Services to the Client:

• Creation of a distinctive and professional logo design that aligns the client’s vision and goals.
• Development of a comprehensive branding style guide encompassing fonts, colors, messaging, taglines (if needed,) language, overall feel, design elements, types of photos, examples o stationery design, and other brand-specific elements.

Style Guide Development Process:

• Concept Collection Form: we will send a Concept Collection Form to the Client to gather input from all stakeholders and decision-makers regarding the brand’s vision, values, and preferences.
• On-Site Visit/Interviews::  We will conduct on-site visits or remote interviews, as necessary, to further understand the Client’s brand identity and objectives.
• Mood Board Creation: Using the information collected, we will create a Mood Board showcasing initial options for styling and messaging.
• Initial Style Guide Meeting: A meeting will be held with all decision-makers present, lasting 2-4 hours, to collaboratively develop and solidify ideas through the Mood Board.
• Logo and Styling Development: we will create logo design(s), color palettes, typography selections, and messaging for the Client’s initial review.
• Rough Style Guide Presentation: we will present a rough style guide including logo options, color palettes, typography choices, and imagery to the Client.
• Refinement and Adjustments: Based on feedback, we will refine the logo and style guide elements, making necessary adjustments as requested by the Client. We will make up to one adjustment.  Additional revisions beyond the initial revision will be billed at $150/hour
• Final Style Guide: we will build out a comprehensive style guide encompassing all elements, including finalized logo, colors, typography, messaging, design elements, and other relevant components.

Web Design

We are going to make you an incredible website that helps your business establish or improve its online presence. Our websites are built mobile friendly and search engine ready. We will also manage your hosting, setup and maintain an SSL on your site, purchase and renew your domain name (if needed), and provide amazing ongoing support.

If the project includes HTML markup and CSS work, we will develop these using valid  HTML5 standards and CSS2.1 – 3 for styling. We will test your website on the following browsers, all of which have 2% or more market share of browser according to https://caniuse.com/usage-table as of the signing of this contract:

• Edge version 84+
• Firefox version 79+
• Chrome version 84+
• Safari version 13.1+
• iOS Safari (latest version)
• iOS Chrome (latest version)
• Android Chrome (latest version)

We will also test the site on the following resolutions:

Desktop:

• 1024×768
• 1366×768
• 1920×1080

Mobile:

• 360×640
• 375×667
• 414×896
• 412×892

We will not test these templates in old or abandoned browsers, for example Microsoft Internet Explorer for Windows or older versions of Apple’s Safari, Mozilla Firefox or Opera unless otherwise specified. If you need to show the same or similar visual design to visitors using browsers or resolutions other than the ones listed above we can do this at the rate we have set forth below.

We will ensure that there are no accessibility errors according to the https://wave.webaim.org/ accessibility scan, however there may be alerts.  We cannot be held liable if accessibility standards change in the future or if the website is changed in such a way that violates these standards by you or any third party.

This agreement is limited to a total of 40 hours of development time for the basic website design and setup, with additional time for add-on services specified below. While we rarely exceed that number of hours when developing a customized theme there is a chance that we will. The more detailed and granular you are with changes to the predesigned style, the more time it will take to complete the site. We will let you know once we have 10 hours of time in the site so that you are aware of how much time is left. If you request us to make changes beyond the total allotted hours, you will be billed at $150/hour and any overages will be billed on the first month’s bill.

We have found that it is helpful to clearly state what is and what isn’t in the scope of this project.  If additional things are added to the scope of the project then they will be billed at the above rate.  We will not begin work on any scope additions until receiving approval from you in writing or via email to do so. You agree to the following scope definitions along with things already mentioned:

In Scope: 

• Landing Page
• Custom Design for these Page Templates:
  • Home Page
  • About
  • Additional pages identified in the website design meeting
• Each page gets up to 1 revisions.
  • In the strategy process, you may ask us to add additional pages not listed above that you don’t already have content and images prepared. During the design process we may use placeholder images and text for any such pages. You agree that you will provide images that are the same orientation and resolution as placeholder images and text that is within 20 words of the placeholder text word count.  
  • We will provide design proofs in one desktop and one mobile format.  Mobile format proof will be provided after desktop proof and revisions have been completed. Note:  Design and content flow must be similar for both desktop and mobile. Some revision requests may not be possible without affecting both formats. Any variance requested between the formats may incur additional charges. 

Not In Scope:

• Custom Photography (unless added to this contract)
• Email Configuration (Outlook, Apple Mail, etc. setup)
• Bulk photo editing for things such as products, staff pictures, galleries, etc.
• Video Editing/Creation
• 3rd Party App Integration
• Live Chat
• Guaranteed Rankings in Google
• Logo design/editing
• Content creation/editing
• Creating or advising on legal language for your content
• Ecommerce

If any of the above needs to be included in the scope, please let us know and we will provide you with a revised contract, or we can add them later for an additional cost.

DESIGNS, REVISIONS, AND APPROVALS

Our team does not begin designs until all needed content is submitted.

We will send you items for approval 10 business days in advance of post or use date.  We will send you a reminder leading up to that 10 business days.  In the event that you do not approve, we are not responsible for delays or missed opportunities. If it is not approved within the aforementioned 10 business days, it is automatically not approved.  

Once a page design has been approved for development, any additional design changes for that page will incur our additional hourly charge. 

Once the initial site design meeting takes place, if we are waiting for content (either images or text) for more than 30 days, you will be charged a re-starting fee of $250 to restart the project. 

DOMAIN

You will retain control of your domain.  We will either give you the information to point your domain to our server or we will need login information to your domain registrar to make the change ourselves. If you wish help to purchase a domain, this will be done separately and at the market cost of the specific domain.

HOSTING

We will manage the hosting of your website. We will make file and database backups daily and we will keep the software and plugins powering your Epic Site up to date with critical updates. If you place additional files or websites outside of your Epic Site in your hosting account we cannot guarantee their security or that they will be backed up and cannot be held liable for any damage that might come from that. You also agree to not add content related to pornography, gambling, or any other illegal activity. You also agree to not use your hosting account as storage for files that are not directly related to your online marketing.

Social Media Management

We will manage your social media accounts in a way that helps your business establish or improve its online presence. Per our discussions, this agreement will cover management for the following platforms: Facebook, Instagram, and TikTok.

This agreement is limited to a total of 24 hours per month, which includes monthly analytics and reporting time. While we rarely exceed that number of hours, the more detailed and granular you are with changes or the longer it takes to receive information from you, the more time it will take to implement your plan. If you request us to make changes or expansions that push us beyond the total allotted hours, we will notify you in advance for your agreement and you will be billed at $150/hour for social media management.

We have found that it is helpful to clearly state what is and what isn’t in the scope of this project. If additional things are added to the scope of the project then they will be billed at the above rate. We will not begin work on any scope additions until receiving approval from you in writing or via email to do so. You agree to the following scope definitions along with things already mentioned:

In Scope:

• Create a regular posting plan that fits with your marketing goals that is shared with you on a content sharing system.  Epic Nine currently uses HeyOrca!, but is not limited to that system and will choose the system to be used.  
• Post to the agreed upon platforms listed above.
• Upload pictures, videos and other audiovisual elements along with relevant content.
• Post regular updates with a minimum of 16 status updates on Instagram and Facebook (including posts, reels, stories, quizzes, polls, info, news, etc) per month and a minimum of 4 updates monthly on TikTok. Caveat: Epic Nine LLC is not responsible for any delays or challenges caused by platforms, third-party software, or app malfunctions that may delay or interfere with the posting schedule.
• Moderate comments, delete spam.
• Create and moderate contests/events that are relevant to the brand as requested (to be included in the allocated time and posts.)
• Update cover photos and profile photos as needed.
• Scheduled onsite visits to gather event photos and videos (amount to be determined in monthly strategy meetings.) We reserve the right to use any equipment necessary to achieve the content we desire for social media.  However, we are not obligated to photography or videography that requires any equipment other than an iPhone to be captured well. 
• Provide monthly analytics reports.
  

Not In Scope:

• Custom Photography that exceeds normal social media photography.  Custom could include headshots, product shots, etc. that require equipment greater than an iPhone to complete.  Caveat: We do agree to visit your location at least one time monthly to gather photos and videos that can be used throughout multiple postings as applicable (see notes above.)
• Bulk photo editing for things such as albums, event photos, etc.
• Video Editing/Creation outside of normal social media content creation (unless added to this contract)
• Guaranteed responses or engagement
• Graphic design that exceeds standard social media graphics/images
• Creating or advising on legal language for your content

If any of the above needs to be included in the scope, please let us know and we will provide you with a revised contract, or we can add them later for an additional cost.

As the client, you agree to provide the following to Epic Nine LLC:

• Details of logins: All the login details for social media sites that already exist and apply to this agreement. You will add Epic Nine Marketing and/or specific Epic Nine team members to your social media accounts that are included in this agreement as an Admin, Super Admin, or other appropriate role. If you need help accomplishing this, Epic Nine team members will gladly assist where possible.
• Brand manual or any existing guidelines: A copy of any brand manual or guideline manual if it exists.
• Event details: Any and all event details at least 1 week in advance of event if it is to be included on social media.
• All pictures from events, products pictures, etc.
• Videos: All videos from events, product showcase videos, etc.
• High resolution logo in multiple formats if available.
• Any other important information and newsworthy items for the brand that can be shared with the online community.

APPROVALS AND REVISIONS

After the initial onboarding month, we agree to create a posting plan at least one week in advance for you to approve. We will send you items for approval 7 business days in advance of post or use date.  We will send you a reminder leading up to that 7 business days.  In the event that you do not approve, we are not responsible for delays or missed opportunities.  If the posting plan or any individual post is not approved within 7 business days, it will be considered unapproved, and the scheduling and post counts may be affected accordingly. You acknowledge that delays in approval may impact the overall schedule and number of posts, and any resulting changes will not negatively reflect on Epic Nine’s performance. You agree that this posting plan can be revised at our discretion based on any requests you may make to include “last minute” or urgent items, event updates, etc. You agree to use Epic Nine’s chosen social media management platform for review and approval process.

SOCIAL MEDIA PAGES

You will retain ownership of your social media pages in accordance with any guidelines set forth by the platform management (i.e. Facebook, Instagram, etc.) Epic Nine LLC is not responsible for any decisions made by the platform management regarding inappropriate content, community guidelines, or engagement rules. Additionally, Epic Nine cannot guarantee engagement, ranking, or algorithm adjustments.

Digital Ads

You are agreeing to the following terms for your digital advertising campaign.. We will send you items for approval 5 business days in advance of post or use date.  We will send you a reminder leading up to that 5 business days.  In the event that you do not approve, we are not responsible for delays or missed opportunities.  If it is not approved within the aforementioned 5 business days, it is automatically not approved. If creative assets are not delivered to us based on an agreed upon timeline, then we cannot guarantee a campaign will start on time.  

The prices listed in the pricing section below are estimates and may vary from what you are actually charged. We guarantee that you will not be charged more than you budgeted or more or less than the CPM price below +/- 25%.

We agree to design any display and site retargeting ads for you. This agreement does not cover any video production for video advertising commercials or detailed video work for CTV, broadcast TV, etc. unless included in another section of this agreement.  If you supply any graphic or video assets, there may be additional fees if the files do not meet the standards of the platform where the content is to appear. We cannot be held liable for any costs associated with graphic design or video production for ads that are not able to run through this campaign.

All digital advertising campaigns created and managed by Epic Nine will be executed through Epic Nine’s advertising accounts. This approach ensures optimal campaign performance, streamlined reporting, and efficient management of ad spend. Client acknowledges and agrees that they will not have direct access to these advertising accounts. Epic Nine will provide regular, comprehensive reports on campaign performance and expenditure.

Projected CPMs for digital marketing include:

• $8-$12 CPM for display/retargeting

General Designs

You are hiring us for graphic design services for display ad design, email marketing templates, ongoing designs/emails, and any additional items that are agreed upon in your strategy. Unless stated elsewhere, you agree to pay us $150/hour for graphic design services. This includes print design and digital design along with any requested revisions and print setups.

We will provide you with proofs to approve before any design is printed or used online. We will do our best to catch anything that needs to be edited before using design. Ultimately, you are responsible for any content (including grammar and spelling), unless you pay us to create it, that gets printed.

Website Visitor Identification

Our website visitor identification tool will identify your website visitors by name and email address and sometimes mailing addresses. This information can then be used in automated followup email campaigns or direct mail campaigns at your discretion. About 40% of all traffic can be identified through this system.

Email Marketing

You are hiring us for graphic design services and content creation for email marketing. Unless stated elsewhere, you agree to pay us $150/hour for these services.  This includes content creation (unless provided by you in final proof form) and digital design along with  any requested revisions and setups needed.

We will provide you with proofs to approve before any design is used. We will do our best to catch anything that needs to be edited before using design. Ultimately, you are responsible for any content (including grammar and spelling) unless you pay us to create it without your review.

Email Software

You are hiring us to host your email marketing software. The email marketing account will be in your ownership. We will set up your email marketing account and import your initial list of email addresses. The pricing below is for your initial email list size. You may incur higher monthly charges as your list grows. As shown in the investment plan at the end of this agreement, you are paying us to design and send email blasts, and will also have the ability to do so on your own. 

We do not guarantee email deliverability or guarantee that emails won’t go to spam. There are many factors outside of our control that determine such things. You acknowledge that we are reselling Tarvent services and you agree to their policies and terms.

You ensure that individuals on your initial email list have given you permission to contact them via email.

Strategy and Project Management

In order to ensure the highest level of service and the greatest likelihood of reaching your goals, we will meet with you every month to review the progress of your campaigns as well as discuss any needed changes or strategic opportunities. You will also have a dedicated project manager that will ensure your projects and communication is timely and efficient.

By hiring Epic Nine as your agency of record, you agree to inform us of any marketing or PR decisions made during the life of this agreement as these decisions have the potential to affect the success of the overall campaigns we conduct.

Any significant changes to your website, ads, messaging, or any other element that has a meaningful role in the campaigns we conduct will be reviewed by your strategist. By signing below, you agree that if you go against the good faith advice of our team, you might affect the success of your campaigns.

Strategy, Analytics & Reporting

You will have access to our data portal that will have results of your ongoing projects. During the initial strategy sessions, we will identify and agree upon:

• the weekly data/types of information we will need from you to measure ongoing success
• monthly recap & recommendation report style and information to be included
• dates and format of monthly meetings

While we are committed to achieving your marketing goals, our industry’s dynamic nature sometimes requires us to adapt our approach for the best results. Here’s how we’ll work together:

Monthly Budget Commitment:  Your monthly marketing budget allows us to maintain consistent momentum toward your goals. This budget commitment remains in place throughout our agreement, ensuring we can dedicate the necessary resources to your success.

Strategy Flexibility:  We believe in being transparent and collaborative. During our monthly strategy meetings, we’ll review performance and discuss if any tactical adjustments could better serve your objectives. Should we identify more effective approaches, we’ll:

• Present data supporting the recommended changes
• Outline the expected benefits
• Provide a clear implementation timeline
• Work together to refine the new direction
  

Implementation Process:  When we agree that tactical changes are needed, we require 30 days’ notice to properly transition strategies. This ensures we can:

• Properly wind down existing campaigns
• Set up and test new approaches
• Maintain performance during the transition
• Adjust our resource allocation appropriately

Your monthly investment remains consistent during this period, allowing us to execute the transition effectively while maintaining momentum toward your goals.

Limitation of Liabilities

In no event shall Epic Nine LLC be liable to The Bodies Human or any third party for any loss of profit, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to this agreement or Epic Nine LLC’s services, even if Epic Nine LLC has been advised of the possibility of such damages. Epic Nine LLC shall not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond Epic Nine LLC’s reasonable control.

Indemnification

The Bodies Human agrees to indemnify, defend, and hold harmless Epic Nine LLC and its affiliates, officers, agents, employees, and permitted successors and assigns against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to The Bodies Human’s violation of this agreement or use of Epic Nine LLC’s services beyond the scope of this agreement.

Length of Agreement and Termination

This agreement shall remain in effect for six months with an automatic renewal extension of three month intervals. Following the initial six months, either party may terminate this agreement with 60 days written notice to the other party. Upon termination, The Bodies Human shall pay Epic Nine LLC for all services rendered and expenses incurred up to the date of termination. Upon receipt of such payment, Epic Nine LLC shall deliver any work completed to The Bodies Human. Termination of this agreement shall not affect the rights of either party that accrued up to the date of termination.

Amendments

Any amendments or modifications to this agreement must be in writing and signed by both parties. No verbal agreements or understandings shall be effective.

Entire Agreement

This agreement constitutes the entire agreement between the parties and supersedes all prior agreements, representations, and understandings of the parties, written or oral, relating to the subject matter of this agreement. This agreement may be amended only by a written document duly executed by all parties. No party shall be bound by any condition, definition, warranty, or representation other than as expressly provided in this agreement or as duly agreed to in writing by the parties.

Signed by: Shiv Patel (shivpatel1190@gmail.com) on 2024-11-06 04:00:14

IP Address: 140.248.0.1