This agreement (hereinafter “Agreement”) is for podcast guesting services between Virtual Summit Search dba Visibility Ecosystem (hereinafter “Visibility Ecosystem”) and you, the client (hereinafter “Client”). Collectively, Visibility Ecosystem and Client will be referred to as the “Parties.” The Parties agree to the terms set forth below.

1. Conditions
This Agreement will not take effect, and Visibility Ecosystem will have no obligation to provide services, until: (a) Client returns a signed copy of this Agreement; (b) Client pays the initial fee called for under Paragraph 3; and (c) Visibility Ecosystem acknowledges acceptance of Client by counter-signing this Agreement. Upon satisfaction of these conditions, this Agreement will be deemed to take effect.

2. Scope of Services
Client hires Visibility Ecosystem to create a customized podcast tour. Visibility Ecosystem will provide the following services, which will be referred to as the “Services”:
- Airtable database of 20-30 podcasts, selected based on Client’s intake form data
- Sample interview questions for each podcast in Client’s database
- Video walkthrough of Client’s database
- If Ready-to-Send Pitch Emails package is selected, one customized pitch email per podcast in Client’s database

3. Payment Terms
- If Client has selected the No-Fuss Podcast Tour ONLY:
Total Price
Client agrees to pay Visibility Ecosystem $400 (hereinafter “Total Price”) for the Services and Deliverables considered in this Agreement. Client agrees that this payment is to be processed upon checkout. Client understands that Visibility Ecosystem will not provide services or begin work until payment is received.

- If Client has selected the No-Fuss Podcast Tour + Ready-to-Send Pitch Emails package and paid in full:
Total Price
Client agrees to pay Visibility Ecosystem $1050 (hereinafter “Total Price”) for the Services and Deliverables considered in this Agreement. Client agrees to make this payment is to be processed upon checkout. Client understands that Visibility Ecosystem will not provide services or begin work until payment is received.

- If Client has selected the No-Fuss Podcast Tour + Ready-to-Send Pitch Emails package and selected the payment plan:
Total Price
Client agrees to pay Visibility Ecosystem $1050 (hereinafter “Total Price”) for the Services and Deliverables considered in this Agreement, paid in three installments of $350. Client agrees to make the first of these payments is to be processed upon checkout, and that each of the two remaining payments will be automatically charged to Client’s payment method used at checkout in 30 and 60 days from the date of checkout. Client understands that Visibility Ecosystem will not provide services or begin work until payment is received.

4. Late Fees
For payment plans, for every five (5) days Client fails to make timely payment according to the above terms, Visibility Ecosystem may charge, and Client agrees to pay, a late fee equal to the greater of ten percent (10%) of the outstanding payment amount or $50.

5. Cancellation
Client may request a full refund within 48 hours of purchase ONLY if Client has not submitted their intake form and Visibility Ecosystem has not begun work. Once Client submits their intake form, Client’s purchase becomes non-refundable due to time, labor, and capacity being reserved and work being custom to Client.

6. Postponement
Client understands that postponement and rescheduling creates an increase in work for Visibility Ecosystem. As such, Client agrees to complete their intake form within 30 days. Client understands that postponement prevents Visibility Ecosystem from booking new clients in Client’s new podcast tour delivery window, creating an income limitation for Visibility Ecosystem. As such, Client agrees Visibility Ecosystem will only hold Client’s spot in their calendar for 30 days. If Client fails to submit their intake form within 30 calendar days from the date of checkout, Client forfeits all payments made. If Client desires to start their podcast tour after this, Client may pay the current restart fee (along with any outstanding payments) to secure a new spot.

7. Revisions
Visibility Ecosystem will send all Deliverables to Client upon completion of the project. If Client is unsatisfied with the Deliverables for a reason that is unrelated to the information provided in their intake form, Client may contact Visibility Ecosystem within 5 business days and request changes. Visibility Ecosystem may, at their discretion, update the Deliverables, replacing up to 8 items (podcasts OR podcasts and accompanying pitch emails, depending on the package Client booked). Visibility Ecosystem will provide Client with an estimated delivery date of the updated Deliverables based on their availability.

8. No Guarantees
Visibility Ecosystem cannot guarantee the outcome of podcast tour service results, and Visibility Ecosystem’s comments about the outcome are expressions of opinion only. Client acknowledges that Visibility Ecosystem cannot guarantee any results for podcast tour services as such outcomes are based on external factors and subjective opinions which cannot be controlled by Visibility Ecosystem.

9. Delays
Client understands that prompt communication is necessary in order for Visibility Ecosystem to meet its obligations under this Agreement. As such, Client agrees to make best efforts to respond to requests for Materials with the necessary information or Materials from Client within seven (7) days. Furthermore, Client agrees that should Client fail to be responsive to Visibility Ecosystem communications for thirty (30) or more days, Visibility Ecosystem may cease work under this Agreement and will require a “Restart Fee” from Client before beginning work again under this Agreement. The Restart Fee will be equal to the greater of ten percent (10%) of any remaining balance of the Total Fee or $150.

10. Confidentiality & Non-Disclosure
Visibility Ecosystem recognizes and acknowledges that the services rendered to Client by may reveal confidential information that is proprietary to Client. “Confidential Information” means all material, non-public, business-related information, written or oral, whether or not it is marked that is disclosed or made available to Visibility Ecosystem, directly or indirectly, through any means of communication or observation. Visibility Ecosystem agrees not to share and agrees to take reasonable measures to protect Client’s Confidential Information.

Likewise, Client recognizes and acknowledges that the services rendered to Client by Visibility Ecosystem may also reveal confidential information that is proprietary to Visibility Ecosystem. Visibility Ecosystem has developed a step-by-step process to work with clients. This process along with any materials drafted by Visibility Ecosystem and provided to Client are confidential. Client agrees not to share these materials with others. Client agrees to take reasonable measures to protect Visibility Ecosystem’s confidential information. Client agrees to bind its employees and subcontractors to the terms and conditions of this Agreement.

The obligations of confidentiality and non-disclosure as described herein shall survive termination of this Agreement and shall persist for a period of three years after termination of this Agreement.

11. Proprietary Methods
In consideration of a license to the Company's intellectual property, Client agrees not to intentionally discover Company's proprietary methods, including source code and algorithms. If any non-published material is accidentally discovered, Client will treat it as confidential and will not disclose it.

12. Non-Employee
Visibility Ecosystem expressly acknowledges that Visibility Ecosystem is not an employee of Client. Visibility Ecosystem maintains their own separate business. Visibility Ecosystem further acknowledges that they are not entitled to any employment rights or benefits including, but not limited to, health insurance, pension, vacation, or sick pay. It is expressly understood that this Agreement does not constitute a joint venture. Visibility Ecosystem is solely responsible for payment of their own taxes including self-employment tax. Visibility Ecosystem has the right to perform services for others during the term of this Agreement. Visibility Ecosystem has the sole right to control the means, method, and manner by which Visibility Ecosystem will perform services.

13. Warranties and Representations
The Parties warrant and represent that they are free to enter into this Agreement and have the authority to do so. The Parties warrant that all statements made in and in preparation of this Agreement are true.

14. LIMIT OF LIABILITY
LIABILITY SHALL BE LIMITED TO THE TOTAL PRICE. EXCEPT AS PROHIBITED BY LAW, Visibility Ecosystem SHALL NOT BE LIABLE TO CLIENT OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS, OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF THE Visibility Ecosystem’S SERVICES, MATERIALS, OR PRODUCTS, INCLUDING ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION. EXCEPT AS PROHIBITED BY LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO Visibility Ecosystem, SUCH RECOVERY IS LIMITED TO THE AMOUNT CLIENT PAID FOR MATERIALS, PRODUCTS, OR SERVICES.

15. Indemnification and Release
To the extent permitted by law, each party hereby agrees to protect, indemnify, defend, and hold harmless the other and their respective managers, officers, members, partners, affiliates, owners, shareholders, beneficiaries, and their respective employees, agents, and contractors (collectively, "Representatives") against all claim/losses, liabilities, damages, expenses, and costs arising out of or connected with the negligence or intentional misconduct of such party its Representatives. Further, Client on behalf of itself and its owners, affiliates, partners, subsidiaries, employees, agents, contractors, and consultants (collectively "Releasor"), waives any rights to recover from, and hereby forever agrees to release and hold harmless, Visibility Ecosystem and their respective owners, parent companies, affiliates, partners and subsidiaries, directors, officers, members, participants, employees, consultants, agents, legal representatives and assigns from any and all claims, costs, personal injuries, deaths, expenses, damages, actions and liabilities, of any nature, whether direct or indirect, known or unknown, foreseen or unforeseen (collectively "Claims") , arising from or relating to any acts or omissions by any third party, excepting them from Visibility Ecosystem’s gross negligence or willful misconduct.

16. Force Majeure
Neither party shall be held liable or responsible to the other party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any obligation under this Agreement when such failure or delay is caused by or results from causes beyond the reasonable control of the affected party, including but not limited to fire, floods, embargoes, war, acts of war, insurrections, riots, strikes, lockouts or other labor disturbances, or acts of God; provided, however, that the party so affected shall use reasonable commercial efforts to avoid or remove such causes of nonperformance, and shall continue performance hereunder with reasonable dispatch whenever such causes are removed. Either party shall provide the other party with prompt written notice of any delay or failure to perform that occurs by reason of force majeure.

17. Waiver
No waiver of any default by any party or parties to this Agreement shall be implied from any omission by a party or parties to any action on account of such default. If such default persists or is repeated, no express waiver shall affect any default other than the default specified in the express waiver, and that only for the time and to the extent therein stated.

18. Article Headings
All article, paragraph, and section headings set forth in the Agreement are intended for convenience only and shall not control or affect the meaning, construction, or effect of this Agreement or any of the provisions thereof.

19. Severability
If any provision of this Agreement shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Agreement, and all remaining provisions shall continue in full force and effect.

20. Modification by Subsequent Agreement
This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them.

21. Mediation
Visibility Ecosystem and Client agree to try to settle all disputes between them through private mediation before initiating any arbitration, litigation, or other dispute resolution procedure. The mediation session will occur at a time mutually agreed upon by the parties in consultation with a mutually selected mediator, though no later than thirty days after the date of service of the initial notice, unless otherwise agreed by the parties and mediator. Each party shall bear its own fees and costs for the mediation. The parties agree to mediate in Greene County, Ohio.

22. Governing Law
This Contract shall be governed by and interpreted under the laws of the state of Ohio.

23. Venue
The Parties agree that any dispute that may arise as related to this Agreement shall be brought in a court within Greene County.

24. Sole and Only Agreement
This Agreement contains the entire understanding between the Parties with respect to the subject matter and supersedes any and all other prior written agreements and understandings (whether oral or written) between the parties. No amendment or modification of this Agreement shall be effective unless executed in writing by both parties.

25. Assignment; Successors and Assigns
Client agrees that Client will not assign, sell, transfer, delegate, or otherwise dispose of, whether voluntarily or involuntarily, or by operation of law, any rights or obligations under this Agreement. Any such purported assignment, transfer, or delegation shall be null and void. Client represents that Client has not previously assigned or transferred any claims or rights released by him pursuant to this Agreement. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective heirs, successors, attorneys, and permitted assigns. This Agreement shall not benefit any other person or entity except as specifically enumerated in this Agreement.

26. Counterparts
This Agreement may be executed in counterparts, and if so executed and delivered, all of the counterparts together shall constitute one and the same Agreement. A facsimile signature may be treated as an original.

By completing the checkout process, I, undersigned Client, hereby warrant that I am of full age and have every right to contract in my own name in the above regard. I state further that I have read the above authorization and release prior to the execution and that I am fully familiar with its contents.

This includes occasional marketing emails, but you can opt out at any time, of course!

You may request a full refund within 48 hours of purchase ONLY if you have not submitted your intake form and we have not begun work. Once you submit your intake form, the purchase becomes non-refundable due to time, labor, and capacity being reserved and work being custom to you.