SERVICE AGREEMENT

PEAK Service Agreement Link

This Service Agreement ("Agreement") is entered into between FundJoy® LLC ("Consultant"), operated by Kristal Frazier, and the undersigned client organization ("Client").

1. SERVICES

Consultant agrees to provide the following services as part of the PEAK Half-Day Virtual Intensive program:

• One (1) virtual half-day (4 hours) of fundraising consultation and implementation services
• Pre-consultation assessment and customized preparation
• Virtual assessment of Client's current fundraising efforts
• Collaborative development of fundraising strategies
• Practical implementation guidance
• Summary report with action items and recommendations following the session
• Recording of the virtual session for Client's reference

2. SCHEDULING

2.1 The virtual services will be provided for one (1) half-day session (up to 4 hours) via mutually agreed video conferencing platform.

2.2 The date and time for services shall be mutually agreed upon by both parties and confirmed in writing at least 14 days in advance.

2.3 Date changes requested by Client must be submitted in writing at least 72 hours prior to the scheduled date. Rescheduling may be subject to availability.

3. FEES AND PAYMENT

3.1 The total fee for the PEAK Half-Day Virtual Intensive is $3,000.

3.2 A non-refundable deposit of 50% of the total fee is due upon signing this Agreement to secure the consultation date.

3.3 The remaining balance is due no later than 7 days prior to the scheduled virtual consultation date.

3.4 All payments are non-refundable.

4. CLIENT RESPONSIBILITIES

Client agrees to:

4.1 Provide accurate and complete information during the pre-consultation assessment.

4.2 Ensure necessary staff members are available during the virtual session.

4.3 Provide access to relevant documents and information needed to complete the services.

4.4 Respond to pre-consultation communications in a timely manner.

4.5 Have reliable internet connection and appropriate video conferencing capabilities.

5. RESCHEDULING AND CANCELLATION

5.1 Rescheduling by Client: If Client needs to reschedule the virtual session, written notice must be provided at least 72 hours in advance. One rescheduling is permitted without penalty, subject to Consultant's availability. Additional rescheduling will incur a fee of $350.

5.2 Cancellation by Client: If Client cancels the virtual session for any reason, the following terms apply:

• Cancellation more than 14 days before scheduled date: 50% of deposit retained as cancellation fee
• Cancellation 3-14 days before scheduled date: Full deposit retained as cancellation fee
• Cancellation less than 72 hours before scheduled date: Full fee retained, no refund

5.3 Cancellation by Consultant: If Consultant needs to cancel or reschedule due to emergency, illness, or unforeseen circumstances, Consultant will work with Client to reschedule at a mutually agreeable date with no additional fees, or provide a full refund at Client's option.

6. INTELLECTUAL PROPERTY

6.1 Any materials, documents, strategies, or plans created by Consultant remain the intellectual property of Consultant.

6.2 Client is granted a non-exclusive license to use materials provided by Consultant for internal organizational purposes only.

6.3 Client shall not reproduce, distribute, or sell any materials provided by Consultant without prior written consent.

6.4 Client may not record the session beyond the recording provided by the Consultant.

7. CONFIDENTIALITY

7.1 Consultant agrees to keep confidential all non-public information provided by Client.

7.2 Consultant may reference the general nature of services provided to Client in marketing materials or portfolio, but will not disclose specific confidential information.

7.3 Client agrees that the virtual session will be recorded by Consultant for Client's reference and internal training purposes.

8. LIMITATION OF LIABILITY

8.1 Consultant provides consultation and implementation guidance based on professional expertise but does not guarantee specific fundraising results.

8.2 Consultant's liability under this Agreement shall be limited to the amount of fees paid by Client.

8.3 Consultant is not liable for any indirect, consequential, or incidental damages.

9. TECHNICAL ISSUES

9.1 Client is responsible for ensuring adequate technical setup for the virtual session.

9.2 In the event of technical difficulties on Client's end that prevent completion of the session, Consultant will make reasonable efforts to reschedule the remaining time, but is not obligated to provide a refund.

9.3 If technical difficulties on Consultant's end prevent completion of the session, Consultant will reschedule at no additional cost.

10. TERM AND TERMINATION

10.1 This Agreement shall commence upon signing and shall continue until the completion of all services outlined herein.

10.2 Either party may terminate this Agreement with written notice in the event of material breach by the other party. The non-breaching party shall provide written notice of the breach, and the breaching party shall have ten (10) business days from receipt of such notice to cure the breach. If the breach is not cured within this timeframe, the non-breaching party may terminate this Agreement immediately upon written notice.

11. GENERAL PROVISIONS

11.1 Independent Contractor: Consultant is an independent contractor and not an employee of Client.

11.2 Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements.

11.3 Governing Law: This Agreement shall be governed by the laws of Texas.

11.4 Amendments: Any modifications to this Agreement must be in writing and signed by both parties.

11.5 Force Majeure: Neither party shall be liable for failure to perform due to circumstances beyond reasonable control.

ACCEPTANCE OF TERMS:

By clicking "Checkout" or "Purchase," you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Service Agreement. This Agreement constitutes a legally binding contract between your organization and FundJoy® LLC.

Your purchase confirms your organization's commitment to the PEAK Half-Day Virtual Intensive program and your acceptance of all payment terms, cancellation policies, and service provisions outlined in this Agreement.

For questions regarding this Agreement, please contact Kristal Frazier at [email protected] before completing your purchase.