TERMS & CONDITIONS
Table of Contents
TERMS FOR TRAINING ONLY
Additional Services and Program Participants
• Additional participants in a Public Warrior Selling 90-day Program, above the number listed, will be enrolled and charged an additional $5,000/person per program enrolled. ($1,500 for Warrior Selling ® 5-4-3 FACTOR® 2-day Bootcamps only).
• Additional participants for Public Leadership Sales Coaching 90-day Program, above the number listed, will be enrolled and charged an additional $10,000/person per program enrolled. ($2,000 for The 4 Stages of Coaching Public 2-day Bootcamp only, $1,500 for The 5 Core Disciplines of Sales Leadership 1-day Bootcamp only).
• Additional participants for The Public Leadership Mastery Program, above the number listed, will be enrolled and charged an additional $15,000/person enrolled.
• Additional SPQ*Gold/FSA Assessments will be billed at $200/each.
• Additional Career Styles Inventory Assessment (CSI) at $200/each.
• Additional New Hire Material kits to be billed at $300 per kit.
• All annual training contracts will automatically renew upon expiration of the initial contract term, unless otherwise specified by the Client.
• All seminars and bootcamps are virtual unless specified per the contract.
• In-person seminars (available upon request) will be billed an additional $2,500 per day which will include all travel expenses. This will be invoiced separately and is to be paid 30 days prior to the seminar date.
Content Creation and Seminar/Material Shipping
• If the Client requests any change in date, content or variation from predetermined seminar at any time within (3) weeks of a confirmed seminar date, the Client will be charged a $2,000 rush creation fee and will be responsible for payment of any rush shipping fees.
TERMS FOR RECRUITING ONLY
- Payment Structure: The recruiting agency will charge a fee based on a percentage of the candidate’s first-year base salary.
- Fee Percentage: The fee percentage will be 25% of the candidate’s first-year base salary.
- Payment Schedule: Payment will be made in installments as follows:
- A 30% engagement fee (of the estimated total fee) is due upon the signing of the contract to initiate the recruiting process.
- A non-refundable 20% fee (of the estimated total fee) is due 30-days after contract execution.
- This remaining balance will be based on the final offered first-year base salary. The final 50% balance is due once the recruited candidate is offered and accepts the position.
- If a candidate’s assignment is terminated by the Client within the specified time period of guarantee for package purchase due to lack of satisfactory performance, FPG will provide one replacement candidate.
- If a candidate leaves for any reason, other than set forth in the following bullet statement, FPG will provide one replacement candidate.
If a candidate leaves an assignment due to changes made by Client that substantially affect the position for which the candidate was hired, including (without limitation); if the candidate’s duties and/or compensation are changed, the position is relocated, if there is change in health policy or the candidate’s supervisor leaves their employment, FPG shall have no obligation to provide a replacement candidate.
- The Client agrees to require the New Hire to attend the FPG Boot camp and each training session.
- If any New Hire fails to complete 100% of the training programs required by FPG as listed in the recruitment agreement, at fault of the Client, the Client forfeits the “6 month” replacement-of-candidate guarantee for the position by FPG.
- Client agrees to notify FPG Recruiting within 10 calendar days of the candidate’s assignment termination (regardless of the reason for termination).
- FPG’s obligation to provide a replacement guarantee, along with any other guarantee or discount agreed to in writing by FPG, is contingent upon payment-in-full for services (as set forth in the Agreement between FPG and the Client) within invoice terms and no later than 30 days of the start date of each candidate.
- The search agreement with FPG is an exclusive agreement. Client agrees not to engage another firm for placement of a candidate for the specified position during the term of this Agreement. Additionally, Client agrees to cease all internal recruiting efforts (i.e., “stand down”) related to the position assigned to FPG, including removal of all relevant posted job ads, both externally and on the company page. FPG is committed to filling the positions per the agreement.
- During the contract period with FPG, it is agreed that Client’s hiring team will forward any candidates for consideration to FPG. FPG will interview and present the candidates if they are qualified according to Client’s requirements. If a candidate previously applied to a job posted by the client, but was not hired by the Client, such candidate shall be considered an FPG candidate if they complete FPG’s processes, pass FPG’s assessments, and are formally presented to the Client by FPG.
- The Client’s primary contact for FPG’s placement of a candidate MUST be a full-time employee of the Client and a hiring manager.
- FPG acknowledges that the Client retains the right to promote from within the organization with no fee due for such filled position beyond the initial retainer/progress payment to FPG.
- Unless otherwise agreed to in writing by FPG, any material changes, made during the initial search period, that substantially affect the job specifications, role and requirements (including without limitation; change of job duties, job search relocation, change in health policy), will be considered by FPG to be a separate/new search and will be worked and invoiced to Client as such.
- For a period, equal to one year following the presentation of a candidate to Client by FPG any candidate presented by FPG to, and subsequently hired by, Client, shall be considered to be a qualified placement under this agreement. If the Client hires a previously presented candidate, at any time during the one-year period, the Client shall pay to FPG the agreed-upon recruiting fee.
Background check terms
FPG will not be liable to any party for damages, and the client hereby releases FPG from any liability for damages fully arising under any theory of legal liability permissible by applicable law. In the event FPG is determined by a court of competent jurisdiction to be liable to the client for any action, fact or event arising under or related to this agreement, whether arising in contract, tort (including any claim for negligence), at law or in equity, the amount of damages recoverable against FPG shall not exceed, in aggregate, the amount paid to FPG by the client for the service to which a claim relates under this agreement and recovery of the amount shall by other parties sole and exclusive remedy hereunder.
- FPG will not be liable to any party for damages, and the client hereby releases FPG from any liability for damages arising under any theory.
- The client understands and acknowledges that FPG obtains information under this agreement from third party sources “as is” and is providing the information to the client on “as is” basis. FPG expressly disclaims any representations or warranties for accuracy, validity or completeness of any background information obtained from a third party and provided to the client under this agreement. This disclaimer includes all warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose, or implied warranties arising from the course of dealing or a course of performance.
GENERAL TERMS FOR ALL CONTRACTS
- Invoices for deposits are due upon the Client’s receipt of the deposit invoice. All monthly invoices for services are due no later than 30 days from the invoice date. Any invoices that remain unpaid beyond sixty (60) days of the invoice date will incur a monthly late fee of 5%, and FPG’s services will be suspended until the Client has paid all outstanding invoices in full.
- All fees and amounts set forth in this agreement are stated and agreed upon in U.S. Dollars.
- In the event of cancellation, Client agrees to pay back all incentives received.
- It is further acknowledged and agreed that, during the term of this agreement, and for a period of one (1) year following termination of this agreement by either party for any reason, the Client shall not solicit, induce, or encourage any current FPG employee or contractor to terminate their employment or engagement with FPG, or breach any employment or contractual agreement with FPG or otherwise interfere with the relationship between FPG and such employee or contractor. If the Client breaches this provision, the Client agrees to pay liquidated damages to FPG in the amount of double the Client’s highest contract price, per breach, which the Client shall pay to FPG within 30 days of the breach.
- It will also be acknowledged that the same non-solicitation applies to any of the Clients current employees by anyone at FPG.
Intellectual Property or “Copyright”
- When used in this agreement, the term for Intellectual Property or “Copyright” shall be understood to mean that bundle of rights that protect original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. “Works of authorship” (including computer programs) include but are not limited to the following: literary works; graphics, videos, models, assessments, interview guides, group interview processes, photographs, sound recordings. “Tangible media” include, but are not limited to, books, periodicals, manuscripts, phone records, films, tapes, and disks.
- Intellectual property created, made, or originated by Leading Edge, LLC licensed to FPG shall be the sole and exclusive property of Leading Edge, LLC, except as Leading Edge, LLC may voluntarily choose to transfer such property, in full, or in part, reproduction of material without the written authorization of Leading Edge, LLC or FPG as it licensed representative shall be determined to be an infringement of the “Copyright” provision.
- Special works created in circumstances that may properly be regarded as “made for hire” will be Intellectual Property and be a “Copyright” of Leading Edge, LLC.
- Negotiated contractual transfers, and “Joint works” as described in the Copyright Act, where Leading Edge, LLC can be considered a co-author will be the Intellectual Property and be a “Copyright” of Leading Edge, LLC.
- If the Client is in violation of this use of the Intellectual Property or “Copyrighted” product, the Client agrees to pay liquidated damages in the amount of two times the highest 12-month contract price in force during the life of the contract period per breach within 30 days of the violation.
- It is also agreed that FPG considers the Intellectual Property clause as mutual, regarding all properties owned by the Client.
Disputes and Equitable remedies:
- This agreement shall be governed by, construed, interpreted and enforced according to the laws of the state of Texas, without regard to principles of conflict of laws provisions thereof and shall be binding upon the parties hereto and their respective permitted successors and assigns.
- Any judicial proceedings brought by or against either Party regarding any dispute arising out of this Agreement or any matter related hereto shall be brought exclusively in the courts of the State of Texas. By execution and delivery of this Agreement, each Party hereby submits to the jurisdiction of such courts.
- Each party hereby waived any right it may have to a trial by jury in connection with any matter arising out of or related to this agreement.