$497.00 USD

12 monthly payments

Your payment information will be stored on a secure server for future purchases

This is an Agreement between Traci Szemkus, in her capacity as owner of The Branding Guru, LLC [DBA WORKPLAY BRANDING], (“Coach”) and the name on this order for branding services. This Agreement has been reached after an offer and acceptance was made to the name on this order (“Client”), and in exchange for adequate consideration.

The Branding Guru, LLC [DBA WORKPLAY BRANDING], is a company that provides business owners with support, content coaching and services to help create a consistent presence, a cohesive content aesthetic, a strategic content plan, content creation in the form of digital image files and content distribution on social media, in order to grow their online presence, and to build their business’s exposure and online relationships with custom visual content. The Branding Guru, LLC [DBA WORKPLAY BRANDING], offers a Signature Content Program to clients (the “Program”).

The purpose of the Program is to form a coaching and service-based relationship between the Coach and Client. The ultimate goal is to create the Client’s personal, professional and/or business content and assist Client in attaining his/her highest potential online through creating consistent, custom content for Client to carry out business which includes: one (1) Zoom content clarity call; a five (5) color palette; five (5) social media graphics; four (4) content creation plans, (4) photoshoots at location of Client; 365 pieces of custom content such as photography and/or graphic design; scheduling of content on a third party application that schedules content distribution; online storage through a password-protected online client portal. This program will be done through online and in-person interactions between the Coach and Client throughout the Term of this Agreement.

Coach hereby agrees to provide Client with the Program in exchange for payment and performance of Client’s Responsibilities (hereinafter defined). Client agrees to make all payments and abide by all policies and procedures as a condition to this Agreement.

By signing this Agreement, Client hereby acknowledges all policies and procedures contained within this document and expresses assent to the following terms:

2. TERM

This Term of this Agreement shall be twelve (12) months, from signing date. In the event that circumstances covered by Section 6 (Rescheduling Policy) arise, this Agreement shall terminate within 30 days of the original End Date, regardless of whether Client has completed all rescheduled coaching calls and/or photoshoots.

3. DISCLAIMER + COACHING & SERVICE DEFINITION

The Coach is not an employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist, public relations manager, doctor, counselor, business operations manager, financial analyst, business executive, or other agent of Client’s business. Client understands that coaching is working one-on-one with the Coach to help Client think through and analyze decisions and assist Client with finding his/her own direction. The Coach may offer her opinion regarding decisions, but it is the responsibility of Client to make the final decision and choose the best option for his/herself.

Although the Coach may offer Client tools to help improve all aspects of Client’s life, the coaching services in this Program are specific and limited in nature, pursuant to Section 4 of this Agreement. The Coach is a Content Coach, who offers Coaching Services in the form of Content Coaching (herein collectively referred to as “Coaching Services”). Content Coaching is tailored content development geared towards helping Client discover his/her own direction, purpose, and/or entrepreneurial potential and to build confidence in an effort to reach Client’s goals.

Coaching Services do not include: 1) procuring business or potential clients for Client; 2) performing any business management services for Client, such as accounting, operations, research, or development; 3) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 4) publicity, public relations and/or social media paid ad services; 5) legal or financial advice; 6) introduction to Coach’s professional network and business relationships.

Coaching Services do include: 1) 0ne (1) Zoom clarity call with Client; 2) a five (5) color palette; 3) five (5) social media graphic designs; 4) four (4) content creation plans; 5) four (4) photoshoots at location of Client’s business; 6) three hundred and sixty five (365) pieces of custom content such as photography and/or graphic design; 7) four (4) custom 90 day feeds for Instagram & Facebook; 8) uploading Client’s content onto a third party social media application for distribution; 9) automated monthly reminder for caption content; 10) access to online video education to better understand content creation best practices and how to leverage the content.

Client hereby acknowledges that Client is solely responsible for the amount and type of results that Client generates by implementing techniques, using content online and advice provided by Coach. Client also acknowledges that Coach cannot and does not guarantee that implementation of the Coaching Services and Program will provide Client with an ideal resolution or perfect life. Client also agrees that he/she is solely responsible for any decision to leave his/her other career, job or profession in order to pursue Client’s business idea and indemnifies Coach from any liability regarding said decision. Similarly, Client also agrees that he/she is solely responsible for any decision to leave his/her relationship, living environment, marriage, or other making any other personal decision and indemnifies Coach from any liability regarding said decision.

4. COACH’S RESPONSIBILITIES

Coach promises to offer Coaching Services (as defined in Section 3) as part of the coaching Program. Coaching Services include on-demand access to online video training; one (01) clarity call via Zoom, which will take place during the Term of this Agreement. The Coach also agrees to provide additional feedback in the form of text and voice messages on a private Voxer channel with Client, which will occur twice daily, Monday-Friday at ten (10) am PST and five (5) pm PST (“Office Hours”). Coach will review and respond to all inquiries on Voxer during said Office Hours only.

The Coach promises to manage the process of the Content Clarity Zoom call, although the content of the call will vary depending on the client’s goals and is partially dependent on the Client’s completed assignments and participation in the Zoom discussion.

The Coach will use the following coaching techniques to assist the Client:
Identifying processes to organize, establish and narrow down Client’s content goals and content vision;
Providing Client with online video training to better understand the content creation processes;
Questioning and listening techniques;
Assignments and exercises to help Client create custom content;
Introducing systems, workflows, and processes to educate Client;
Providing accountability, guidance, challenge, support, and encouragement.

The Coach will deliver the following digital assets to the Client through a third party online portal:
Five (5) color palette; Four (4) content creation plans; three hundred and sixty five (365) pieces of custom content such as photography and/or graphic design.

5. CLIENT’S RESPONSIBILITIES

Coach’s Program has been developed on-demand videos for educational purposes only and photography services for the sole purpose of creating custom content via photography and graphic design. Coach has established her proprietary Program in order to educate and inspire Client to pursue his/her content goals and the use of photography and graphic design. However, Client hereby acknowledges that Coach does not guarantee Client’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Program. Client accepts and agrees that Client is 100% responsible for his/her results from the Program. Client acknowledges that, as with any business endeavor and investment, there is an inherent risk associated. As such, Client agrees there is no guarantee that Client will attain his/her goals by simply completing the Program.

12 - Nevertheless, Client acknowledges that he/she can optimize her potential results from the Program by adhering to the following:

Completion of all Program material, including assignments and worksheets;

Approval of the agreements throughout the Program via digital signature within seven (7) days of request being sent via Voxer and/or email. After seven (7) Days of Unresponsive requests for approval, approval will be automated.

Thoughtful and meaningful participation in the Zoom-based Content Clarity Call;

Utilization of Coach’s feedback on Voxer;

Completion of all assigned work, journaling, material, and research in between each of the four (4) photoshoots;

Committing to the Program;

Attending the Content Clarity Zoom call at the scheduled date and time;

Immediately rescheduling the Zoom call if necessary and adhering to the rescheduled time and date;

Taking 100% responsibility for Client’s results, 100% of the time. Attending each of the four (4) Photoshoots with thoughtful and meaningful participation.

If the decision to not renew the contract has been made by the CLIENT, the COACH must receive a written request before ninety (90) days of the termination date.

6. RESCHEDULING POLICY

A big component of success is discipline and commitment. In order to achieve optimal results under this Program, Client should commit to the schedule as follows:

13 - This is a twelve-month (12-month) Agreement, consisting of one (1) very important Content Clarity Call. The clarity call’s success will be based on homework that Client has submitted to Coach and approved.

14 - Coach understands that sometimes, “life happens.” In order to accommodate situations that unexpectedly arise, Coach agrees to allow up to two (2) rescheduled calls. All rescheduled calls must be made no later than 24 hours before the scheduled call. All rescheduled calls must be done through Coach’s scheduling application, which Client must schedule with Coach’s scheduling link. Failure to do so shall result in Client forfeiting the coaching call. Any “no-shows” will also result in forfeiture of that coaching call with no money back.

15 - If Client foresees that more than 2 calls will need to be rescheduled from agreed timeline, Client may request a change of the call by giving Coach at least 7 day’s written notice of the proposed new time. All requests for schedule changes are subject to Coach’s discretion.

16 - If any calls are rescheduled beyond the twelve (12) month Term of this Agreement, Client must reschedule all calls within ninety (90) days of the End Date of this Agreement, or else Client forfeits the clarity call and all payments are still due under this Agreement.

7. REFUND POLICY

18 - Due to the nature of the program, no refunds are given.

8. PAYMENT & FEES

A. The Fee for the Coaching Service and Program must be paid as follows:
Twelve (12) payments of four hundred ninety seven and XX/00 Dollars ($497.00 USD), totaling $5,964.00 USD, which shall be paid in accordance with the schedule below in order to avoid late fees;
The first payment of $497.00 is due immediately upon signing and executing this Agreement; The second payment of $497.00 is due one (1) month after the signing of this agreement; The third payment of $497.00 is due two (2) months after the signing of this agreement; The forth payment of $497.00 is due three (3) months after the signing of this agreement; The fifth payment of $497.00 is due four (4) months after the signing of this agreement; The sixth payment of $497.00 is due five (5) months after the signing of this agreement; The seventh payment of $497.00 is due six (6) months after the signing of this agreement; The eighth payment of $497.00 is due seven (7) months after the signing of this agreement; The ninth payment of $497.00 is due eight (8) months after the signing of this agreement; The tenth payment of $497.00 is due nine (9) months after the signing of this agreement; The eleventh payment of $497.00 is due ten (10) months after the signing of this agreement; The twelfth payment of $497.00 is due eleven (11) months after the signing of this agreement.

Late Fees – Coach understands that, from time to time, there are issues with payment. All payments must be received by Coach within seven (7) days of the due date for that installment. Any payments not received within 10 days of their due date shall be subject to a late fee of 10% of the amount of the payment. Any payments not received within 15 days of their due date will result in Client’s breach of this Agreement and may result in termination of Coaching Services and all payments are still due in full under this Agreement.


9. TERMINATION

Coach is committed to providing quality service to all Clients. However, from time to time, situations arise that require the Coach to terminate the Agreement before the Term ends. As such, Coach reserves the right to terminate the Agreement “for cause” at any time during the Agreement, which includes, but is not limited to, the following causes: 1) Client fails to follow Program guidelines; 2) Client is abusive or harasses Coach or other members of Coach; 3) Client refuses to pay or does not pay within the schedule outlined in Section 8 above; 4) Client proves to be difficult to work with and/or does not attend the scheduled coaching calls; 5) for any other legitimate business purposes in the best interest of Coach. 6) Client fails to participate in scheduled photoshoots. If any of the following causes trigger Coach to terminate the Agreement, Client is still liable to pay the entire cost of the Agreement.

10. CONFIDENTIALITY, INTELLECTUAL PROPERTY, LIMITED LICENSE

Confidential Information -

The Branding Guru, LLC [DBA WorkPlay Branding] takes pride in its proprietary information included in each Program. As such, Client agrees and acknowledges all Confidential Information shared through this Program and by the Coach is confidential, proprietary, and belongs exclusively to The Branding Guru, LLC [DBA WorkPlay Branding]

Confidential Information includes, but is not limited to:
Any systems, sequences, processes or steps shared with Client;
Any information disclosed in association with this Agreement;
Any trade secrets in connection with the Program or The Branding Guru, LLC [DBA WorkPlay Branding] business practices.

Client agrees not to disclose any of The Branding Guru, LLC [DBA WorkPlay Branding] and/or Coach’s Confidential Information.

19 - The Branding Guru, LLC [DBA WorkPlay Branding] also takes seriously its responsibility to protect Client’s personal information and privacy. As such, consider this a mutual non-disclosure agreement. The Branding Guru, LLC [DBA WorkPlay Branding] agrees not to disclose any of Client’s personal information.

However, from time to time, The Branding Guru, LLC [DBA WorkPlay Branding] may use general statements about Client’s success as social proof and part of its marketing strategy. By signing this Agreement, Client agrees to Coach sharing Client’s success stories on social media. Coach may also ask Client to provide testimonials about The Branding Guru, LLC [DBA WorkPlay Branding], the Coach, and the Program, via video, audio or written testimonials. Both parties will keep Confidential Information in the strictest confidence and shall implement the best effort to protect Confidential Information to protect it from disclosure, misuses, misappropriation, loss, and theft.

Intellectual Property -

The Branding Guru, LLC [DBA WorkPlay Branding] and its Programs may use free stock photography as part of its design examples used in coaching for inspiration, suggestions and mock-ups. All stock images used have an irrevocable, non-exclusive copyright license to download, copy, distribute, use and modify the photos for free, including for commercial purposes. Use of said stock photography is permissible under applicable laws without permission from the photographer or attributing the work to the photographer.

This website, content and products contain intellectual property owned by The Branding Guru, LLC [DBA WorkPlay Branding] and by third-parties that license some intellectual property to us. This Agreement is intellectual property owned by The Branding Guru, LLC [DBA WorkPlay Branding]. Other examples of intellectual property found on our website and within our products and Services include, but are not limited to: trademarks, service marks, layout, logos, business name, design, text, written copy, certain images, podcast recordings, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”). You shall not copy, publish, transmit, transfer, sell, create derivative works from, reproduce, or in any way exploit any of the Intellectual Property owned by The Branding Guru, LLC [DBA WorkPlay Branding] and the third-parties described within this Section in either whole or part without prior written consent.

LIMITED LICENSE | ONLINE WORKSHOPS & PORTAL

The Branding Guru, LLC [DBA WorkPlay Branding] grants only a limited license to Client to use the Intellectual Property. You acknowledge that any and all products or services that you download are for your own professional and internal business use. You shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise. The Branding Guru, LLC [DBA WorkPlay Branding] grants you a limited, personal, non-exclusive and non-transferable license to use the Program for your professional and internal business use.

20 - Client holds limited license during the Term of this Agreement to use Coach’s proprietary program. If the Client is also a business owner in a similar industry, Client must not misappropriate any of Coach’s intellectual property and proprietary information in the following manner:
Teaching Client’s personal clients any of the information, methods, solutions, or formulae owned by Coach and passing it off as his/her own;
Copying any of Coach’s course material for Client’s personal use;
Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Coach in either whole or part without prior written consent.
LIMITED LICENSE | PHOTOGRAPHY PERMISSIONS, RESTRICTIONS & IMAGE CREDITS

You may use these photos for professional, commercial, or editorial purposes online or in print in any way that is not restricted (see restricted uses below)

You may upload images to your website, blog, or social media platforms / schedulers for business use with image credit.

You may use the images in digital products including courses, workbooks, ebooks, and other pdfs or downloads with proper imaging credit.

You may crop, rotate, flip, and/or resize the images as needed.

You may overlay text, screenshots, designs, to your images. Please do not otherwise alter, edit, or manipulate the images.

Non-Client Use of Images
From time to time a Client invites guests or work teams to participate in one (1), two (2), three (3) or all four (4) photoshoots. A mandatory Zoom call is needed to discuss the commercial use of the images and delivery of the images. Commercial use is Limited to a total of nine (9) Images that will be decided and delivered to the non-client on the Zoom call.

Editing & Altering of Images
Editing or Altering images requires a written request and signed editing contract by all parties involved. Items needed are the name of all images to be edited; Full name and email address of editor; Signatures on editing contract of all involved parties.

RESTRICTED USES:

You may not sell, lease, loan, or give away the images.

You may not share your login information or transfer any images to a third party platform with the intent to sell, lease, or loan.

You may not re-sell the images as standalone files or as part of templates, themes, graphics, prints, stickers, or other printed items intended for sale. Please contact us at [email protected] if you have additional permission requests or need additional clarity on current permissions.

You may not falsely represent that you or someone else is the original creator of the images.

You may not use the images to market or sell other products, workshops, courses or similar resources that are branded photography or brand styling related that directly compete with The Branding Guru, LLC [DBA WorkPlay Branding] products and services.

You may not use the images in any illegal, offensive, or pornographic manner.

Credit for the use of the images is required – if you are sharing on social media platforms, mention @workplaybranding and on websites, Image Credit: WorkPlay Branding.

Use of Images after contract has expired requires a zoom call to determine use. Extended Commercial licensing is under the sole discretion of the COACH.

11. INDEMNIFICATION / LIMITATION OF LIABILITY

Coach provides career guidance as part of her Program. Client hereby acknowledges that neither Coach nor The Branding Guru, LLC [DBA WorkPlay Branding] is liable for any injuries that may arise from Client’s personal decisions based off of his/her participation in this program, including but not limited to: a decision to leave a job, leave a relationship, change their living environment, a decision to invest in an opportunity, a decision to start a business, any of Client’s business decisions, any of Client’s financial decisions. Client hereby agrees to indemnify and hold harmless both Coach and The Branding Guru, LLC [DBA WorkPlay Branding] of any claims that may arise after participation in the Program.

12. MISCELLANEOUS

Amendments - We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.
Headings & Severability - Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
Entire Agreement - This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
All Rights Reserved - All rights not expressly granted in this Agreement are reserved by us.
Governing Law - The Branding Guru, LLC [DBA WorkPlay Branding] is located in the United States and is subject to the applicable laws governing the United States. The governing law for this agreement is the laws of Washington State.
Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration.
Execution - This Agreement may be signed in counterparts. Signatures sent via facsimile and electronic signatures shall be deemed valid.


by checking this box I agree to the terms and conditions of this contract.

An account already exists with this email address. Is this you?

Sign in

The WorkPlay Method 👉🏻

 ONE system, ONE team, ONE flat monthly fee 👇🏽

⚡️ Brand Photography (custom edited & unlimited photos)
⚡️ Custom Created Graphics
⚡️ Custom Content Planning
⚡️ Social Media Management (up to 7 days a week)
⚡️ 1:1 Strategy Sessions
⚡️ Voxer Support
⚡️ A Personal Content Manager

What WP Method Members Are Saying:

The best investment I've made in my business!! WorkPlay delivers like NO other!!! I love you guys!!! Thank you for making me look SO good!!!

Madeleine• Online Coach

"I've elevated in my business...I HAD MY FIRST 5 MILLION DOLLAR LISTING THIS YEAR!"

Lynn Crane ・Real Estate

WorkPlay has been one of the best and most impactful decisions I have made in my business!

Joanna・Online Coach