SOCIAL MEDIA MANAGEMENT AGREEMENT
This Agreement is effective as of the date the Client subscribes to the services and completes payment ("Effective Date"). By proceeding with payment and selecting a subscription plan, the Client agrees to be bound by the terms of this Agreement.
BETWEEN
Awake Abroad Media
EMAIL: hello@awakeabroadmedia.com
PHONE NUMBER: +52 5554630682
("Social Media Agency")
AND
The individual or entity subscribing to the services ("Client").
(Collectively, the "Parties")
PURPOSE
Client agrees to engage Social Media Agency for ongoing social media services on a subscription basis ("Services"). This Agreement outlines the terms governing the subscription.
By proceeding with payment, the Client confirms that they have read, understood, and accepted all terms and conditions set forth in this Agreement.
TERMS OF AGREEMENT
1. Subscription Plans & Services
Client selects one of the following subscription plans at checkout:
$2,500/month – Includes 20 content pieces per month.
$3,300/month – Includes 30 content pieces per month.
The selected plan is confirmed through payment records and invoices. All other terms remain the same regardless of the selected plan.
Services include:
20 or 30 Short-form videos per month (based on selected plan)
Research, script, editing, publishing
24/7 Email Support
Monthly coaching & strategy call
You keep the system
Bonuses:
1:1 Content Mastery Coaching: 60 min coaching session with one of our Expert Coaches, providing clarity on high-quality content creation.
LeadFlow Attraction System™: Assistance in creating or optimizing a lead magnet to generate leads in the first 30 days.
Personalized profile audit & optimization checklist: Ensuring a consistent brand across all platforms.
2. Timeline
The Social Media Agency will complete services according to the following schedule:
Day 1: Welcome Email 1
Day 1-3: Client completes Questionnaire
Day 3-5: Onboarding Call + Email 2
Day 7: 1-1 Content Coaching Call
Day 7-14: Client Films Videos
Day 8: Content Strategy Call (Airtable approval process, How to upload, Access Scripts & provide feedback)
Day 8-10: Profile Audit & Optimization Checklist provided
Day 11-15: Lead Magnet Optimization
Day 14-21: Videos are edited
Day 21 onwards: Videos are published
*Days are measured in working days (Monday through Friday, excluding public holidays)
PAYMENT
3. Payment & Billing
Payment is due immediately upon subscription and will auto-renew on the same date each month.
Payments are processed via recurring credit card charge.
Client may upgrade or downgrade their plan with 30 days' written notice.
Invoices will be provided monthly for record-keeping.
Late Payments
Failure to make payment by the due date may result in service suspension until the outstanding balance is paid.
A 2% monthly late fee (compounding annually at 24%) applies to overdue balances.
Accounts overdue by 90 days may be sent to collections.
4. Fees for Additional Services
The Agency’s hourly rate is $75/hr for any services outside the defined scope. Additional services will be charged at this rate unless otherwise agreed upon in writing.
Expenses
The subscription fee does not cover out-of-pocket expenses such as media buys, advertising budgets, or design costs outside the agreed scope. These will be billed separately with prior approval.
RESCHEDULING, CANCELLATION AND REFUNDS
Forfeiture of Unused Services
The client understand this is a month by month subscription service. If the Client fails to provide necessary materials or fulfill their responsibilities within the specified monthly timeline, the Social Media Agency is not obligated to carry forward unused services or compensate for missed deliverables. Unused services within the subscription month are forfeited and cannot be reclaimed after the subscription period ends or upon cancellation.
Rescheduling
If either Party wishes to reschedule any Services under this Agreement, such changes must be mutually agreed upon in writing by both Parties prior to the originally scheduled date. Rescheduling requests may not unreasonably disrupt the timeline of Services as outlined in this Agreement.
Cancellation by Client
The Client may cancel Services by providing written notice at least 15 days before the next billing date.
Cancellations with less than 15 days’ notice will incur a 50% cancellation fee to cover backend work already performed, including research, strategy, and content preparation. This fee is non-refundable and does not entitle the Client to any partial deliverables. Upon cancellation, any pre-created and scheduled content will be published as planned, but no new work will be produced.
Cancellations must be in writing to hello@awakeabroadmedia.com, and future re-engagement may require an onboarding fee per the Agency’s current pricing.
Cancellation or Rescheduling by Social Media Agency
If for any reason Social Media Agency cannot perform the Services, Social Media Agency will notify Client as soon as possible. At Social Media Agency’s discretion, Social Media Agency may either:
Attempt to find a reasonable replacement Social Media Agency to fulfill the terms of this Agreement;
If certain Services have been completed, invoice Client for Services performed up to date of cancellation in the discretion of Social Media Agency; or
Refunds
Review details before confirming your subscription. All sales are final; We do not offer refunds, credits, or exchanges for any products or services. Adjustments and exceptions are at the agency's sole discretion on a case-by-case basis.
Termination of Agreement
This Agreement will end when Client has paid the Fee in full to Social Media Agency and the Services have been completed as per agreement. Any provisions that survive the termination of this Agreement will remain in full force.
PRIVACY
Privacy Policy
Social Media Agency may collect personal information during the Term, including Client name, address, email address, phone number and billing information or other personal information (“Personal Information”). By providing any Personal Information to Social Media Agency, Client consents and grants Social Media Agency permission to use and store such information in order to provide the Services. Client acknowledges and consents to the use of technology, telephones, e-mails, applications and third-party platforms that use video and audio, such as but not limited to, Zoom, and third-party payment providers to be used by Social Media Agency in order to deliver the Services. Client confirms Social Media Agency is not responsible for the terms and policies of any third-party platforms and it is Client’s responsibility to review third-party privacy policies, terms and conditions.
INTELLECTUAL PROPERTY
Ownership of Rights
Upon full payment of the Fee, Social Media Agency will assign and grant to Client license, title and interest in Social Media Agency’s deliverables and Services created under this Agreement. Until the Fee is paid in full, Social Media Agency will retain ownership and copyright in all deliverables and Services and will grant Client a revocable, non-exclusive royalty-free license to use the deliverables provided by Social Media Agency in the manner set out by Social Media Agency. If any payment is not made in accordance with this Agreement, Social Media Agency has the right to revoke this license at their sole discretion.
Non-exclusive License to Social Media Agency
Upon assignment of the rights to the deliverables and works by Social Media Agency to Client, Client will grant Social Media Agency an irrevocable, non-exclusive, worldwide, royalty-free license to use the deliverables and works solely for Social Media Agency’s own marketing and promotional purposes, including use on Social Media Agency’s website, social media platforms and portfolio.
RELEASE, INDEMNITY AND WAIVER
PLEASE READ CAREFULLY. It is important Client fully understands that there are risks associated with the Services, and ask questions as needed. Client acknowledges and understands that they are waiving certain legal rights by signing this Agreement.
Style Release
Client acknowledges and agrees that they have spent a satisfactory amount of time reviewing Social Media Agency’s work and have a reasonable expectation that the Services will produce a reasonably similar result for Client. Social Media Agency will use reasonable efforts to try to incorporate any suggestions Client makes, however, Client understands and agrees that all Services delivered are unique and dissatisfaction with Social Media Agency’s judgment or style are not valid reasons for termination of this Agreement or request of any payment made to be returned, including the Deposit.
No Warranty
Client acknowledges Social Media Agency makes no warranty that the Services will lead to any specific Client goal, success or particular results and Social Media Agency makes no promise that each Client will experience the same or similar results. Client acknowledges that the Services provided are provided without any express or implied warranties of any kind.
Force Majeure
Neither the Client, nor the Agency, shall be liable for any default, delay or lapse occurring due to events beyond their control including riot, strike, theft, war, or acts of God and/or nature.
Release, Waiver, and Indemnity
Client releases, indemnifies and saves harmless Social Media Agency, its directors, officers, agents, employees, contractors, volunteers, heirs, executors, administrators, successors, and assigns, as applicable (collectively, “Released Parties”) from any and all liability and damages arising from the Services, including financial damages or personal injuries, however caused, including negligence, during Client’s engagement of Social Media Agency for the Services. Client further agrees to forfeit all forms of legal recourse which may be available to Client, including but not limited to any form of damages, costs, losses or expenses as a result of the Services. Client acknowledges this release of liability is binding on Client’s heirs, executors and anyone else who may be able to bring a legal action on Client’s behalf in the future. This clause survives the expiration or early termination of this Agreement.
Limitation of Liability
In the event Social Media Agency is found liable for any reason for damages arising directly or indirectly from this Agreement, liability will be limited to the greatest extent possible in the governing jurisdiction and in no case exceed the total Fee paid by Client to Social Media Agency.
Media Release
Client grants to Social Media Agency an irrevocable, worldwide, perpetual and unrestricted right to use any media, such as photographs, video, audio recordings or social media posts, whether captured by Client, Social Media Agency or third party in relation to this Agreement and for any lawful purpose, including in its online or printed advertising or marketing materials and on all social media platforms, with or without reference to Client and without further notice, grant of permission or right to any financial compensation.
GENERAL
Relationship of Parties
Nothing in this Agreement shall be understood to create an employment, joint venture or partnership relationship between Social Media Agency and Client. The relationship is strictly that of Client hiring an independent Contractor.
Third Parties Authorization
Social Media Agency is permitted to hire, at their sole discretion and without express consent from Client, employees, assistants or subcontractors to assist in delivering the Services.
Good Faith
Each Party agrees it has acted in good faith and will continue to do so during the Term of this Agreement. This extends to good faith during any dispute resolution process.
Governing Law and Jurisdiction
This Agreement is governed by and interpreted in accordance with the laws of the country the work is carried out in (based on Client’s address). Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of relevant country.
Dispute Resolution
In the event any dispute arises between the Parties in relation to this Agreement or a breach of this Agreement and the dispute is not resolved by negotiation, the Parties agree to submit the dispute for mediation prior to pursuing any other available remedy in relation to the dispute. The Parties may agree to virtual mediation, when available.
Notice
Any notice to be given under this Agreement must be directed to the other Party using the contact information first set out above or as may otherwise be directed (“Notice”). For the purposes of this Agreement, e-mail will be considered sufficient for delivery of Notice. Notice will be deemed to be delivered on the date and time when the Notice is sent.
Assignment
This Agreement may not be assigned to any other party except with the express written consent of the other Party.
Severability
If any of the provisions of this Agreement are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.
Waiver of Breach
The waiver by one Party of any breach of this Agreement by the other Party will not be taken to be a waiver of any future breaches by the breaching Party. The non-breaching Party reserves the right to exercise or enforce their rights at a later date.
Full Agreement
This Agreement constitutes the full agreement between the Parties and supersedes any prior negotiation, understanding or Agreement between the Parties, whether oral or written, on the matters contained in this Agreement.
Amendments
The Parties may only amend this Agreement by mutual written agreement.
Survival
Any term of this Agreement which addresses performance or observance following the early termination or expiration of this Agreement shall survive and will continue to be in full force and effect. All things considered confidential during the Term will survive and always remain confidential.
Acknowledgment & Acceptance
By proceeding with payment, the Client acknowledges that they have read, understood, and agree to the terms of this Agreement. The subscription date serves as the Effective Date, and no signature is required for this Agreement to be legally binding.