The Independent Consultant Agreement (“Agreement”) is made by and between Life Expressions Décor, LLC (“Life Expressions”), a Michigan limited liability company and the Independent Consultant (“Consultant”) who purchases a "Starter Kit" .
A. The Consultant Agrees
1. I shall become a Consultant upon acceptance of this Agreement, and non-refundable payment for my starter kit. As a Consultant, I have the right to offer the services and to sell the products offered by Life Expressions in accordance with Life Expression’s marketing program, statement of policy, consultant’s guide, and this Agreement, which may be amended and changed from time to time.
2. I will only sell and deliver products to Life Expression’s customers. I understand that Life Expressions offers a complete satisfaction or money-back guarantee for each product sold. As a Consultant, it is my responsibility to assure customer satisfaction with respect to personal instruction, assurance of proper use, and timely delivery of product. I understand that is it is my sole responsibility to honor the Life Expressions Product Guarantee and that I am responsible for any costs associated therein
3. I agree to maintain and reflect the highest standards of integrity, honesty and responsibility in dealings with Life Expressions, customers and other Consultants. I agree to hold Life Expressions harmless from and against all actions, suits, damages, judgments, costs, charges, expenses, attorney fees, and consequences of any liabilities related directly and/or indirectly to my performance as a Consultant.
4. I agree not to use Life Expressions products, literature, videos or trademarked services to promote or sell products of another company. I further agree not to copy or reproduce any Life Expressions materials regardless of the source or format without Life Expressions’ prior written consent.
5. I AGREE THAT THE LIABILITY, IF ANY, OF LIFE EXPRESSIONS AND ITS AGENTS, SERVANTS, REPRESENTATIVES, MEMBERS, OFFICERS, AND EMPLOYEES WITH REGARD TO ANY ACTIONS TAKEN UNDER THIS AGREEMENT, FOR ANY CLAIMS, COSTS DAMAGES, LOSSES, AND EXPENSES FOR WHICH THEY ARE, OR MAY BE LIABLE, WHETHER ARISING IN NEGLIGENCE OR OTHER TORT, CONTRACT, OR OTHERWISE, SHALL NOT EXCEED $329.00. IN NO EVENT SHALL LIFE EXPRESSIONS AND/OR ITS AGENTS, SERVANTS, REPRESENTATIVES, MEMBERS, OFFICERS, AND EMPLOYEES, BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES.
6. I understand and agree that I am an independent contractor and thus solely responsible for all taxes, insurance, and other associated costs entailed as an independent contractor. I further understand that I am not in any other relationship with Life Expressions whatsoever, and that I have no power or authority to incur any debt, obligation, or liability on behalf of Life Expressions.
7. I understand that if I fail to make sales goals as set forth in the consultant guide or other Life Expressions’ directive, my position will be terminated, and my recruits will be void.
8. I agree that Life Expressions may release my name and telephone number in response to a customer’s request for a consultant in my area.
9. I understand and agree that Life Expressions has the right to alter, modify or change the terms and conditions of this Agreement, including such items as discount level and bonus/commissions amounts, at any time upon ten (10) days prior written notice of such changes to me. Written notice may be given by e-mail, by posting a notice on Life Expression’s website or by sending me something to the address I provided. I agree to be bound by such altered, modified or changed terms and conditions as reflected in the most current Independent Consultant Agreement.
10. I agree that during my time as a Consultant, and for a period of two years thereafter, I shall not, either as an employee, employer, agent, principal, partner, stockholder, corporate officer, director, or in any other individual or representative capacity, engage or participate in any business that is in direct competition with the business of Life Expressions and located within 50 miles of anywhere Life Expressions does business.
11. I agree to purchase all of my vinyl lettering through Life Expressions.
12. I understand that during my time as a Consultant, I will have access to and become familiar with various trade secrets
consisting of formulas, patterns, devices, processes, compilation of information, records, and specifications which are owned by Life Expressions. I agree that I shall not disclose any of the aforesaid trade secret information directly or indirectly, nor use them in any way, except as provided for under this Agreement and or written authorization of Life Expressions.
13. I agree that this Agreement, and disputes arising between Consultant and Life Expressions, shall be governed by the laws of the State of Michigan as to interpretation, enforcement, validity, construction, and in all other respects. I further agree that any dispute arising between Life Expressions and Consultant shall be subject to the exclusive jurisdiction of the state and/or federal courts with jurisdiction in Ottawa County Michigan.
14. I understand that if I produce product that does not follow the Life Expressions Quality Guidelines, my position as a Consultant may be terminated. Adherence to the Life Expressions Quality Guidelines shall be determined in the sole
B. Life Expressions Agrees
1. To provide Consultant with discounts and bonuses as set forth from time to time Life Expressions’ bonus schedule.
This Agreement, and the documents incorporated herein, are the sole and only agreements between the parties relating to the subject matter above, and are not subject to alterations, modification or change, except as provided herein, or in writing, signed by an authorized executive of Life Expressions. The provisions directly on this Agreement shall control over any provision of the documents incorporate herein if there is a direct conflict.