Fásnua Rise Member Agreement
This Agreement (“Agreement”) is made between Fásnua, LLC (“Fásnua”) and the undersigned Member (“Member”) regarding participation in the Fásnua Run Program (“Run”).
1. Program Overview
Run provides ongoing marketing execution services designed to implement the Member’s marketing strategy and campaigns.
Specific activities are defined in the Run plan agreed between Fásnua and Member and may evolve over time as the business and strategy change.
2. Scope of Services
Run may include, as agreed in writing:
- Campaign planning and calendar management
- Content production and publishing
- Email and marketing automation setup
- Digital advertising setup and management
- Analytics setup and reporting
The exact scope, channels, and deliverables will be documented in a written Run plan or statement of work (“Run Plan”). Activities outside the Run Plan are not included.
3. Member Responsibilities
Member agrees to:
- Provide timely access to brand assets, product information, platforms, and team members
- Review and approve materials within agreed timeframes
- Maintain active accounts with any required third‑party tools or ad platforms
- Ensure compliance with all applicable laws, industry rules, and internal policies
Delays in participation or feedback may delay or limit the usefulness of the plan and do not relieve Member of payment obligations.
4. Fees, Budgets & Billing
Run is a membership program billed at the fee and interval agreed at enrollment.
- Run fees cover Fásnua’s services only. Paid media and third‑party platform costs are separate and are the Member’s responsibility.
- Member will approve an initial advertising / media budget in writing; changes require mutual written agreement.
- Billing is handled by invoice, with payment due within the timeframe stated on the invoice (typically 15 days).
- No refunds are provided for partial periods or unused services once a billing period has begun.
5. Term & Cancellation
Run has an initial commitment of ninety (90) days from the start date of services.
After the initial term, this Agreement renews automatically for successive billing periods unless canceled in writing before the next billing date.
Upon cancellation, services continue through the end of the paid period; no further fees will be charged after the effective cancellation date.
6. Changes to Services
Fásnua and Member may adjust the Run Plan over time by mutual written agreement (including email).
Substantial scope increases may require fee or budget adjustments.
7. Confidentiality
Both parties agree to keep confidential any non‑public business, technical, or strategic information shared in connection with Rise and to use such information only for purposes of this engagement.
8. Intellectual Property
- Any original content, assets, and materials created by Fásnua specifically for Member under Run become the property of Member upon full payment, except for Fásnua’s pre‑existing tools, frameworks, and templates.
- Fásnua retains ownership of all underlying methodologies, processes, and know‑how, and grants Member a non‑exclusive license to use deliverables for its own business purposes.
9. Performance Disclaimer; Promotional Guarantees
9.1 No Guaranteed Results
Except as expressly stated in Section 9.2, Fásnua does not guarantee any specific business results, revenue, lead volume, or performance. Member’s results depend on many factors outside Fásnua’s control, including Member’s products, pricing, sales process, responsiveness, implementation, and market conditions.
9.2 Guarantee Offers
From time to time, Fásnua may offer a promotional guarantee tied to one or more memberships (“Guarantee Offer”). Qualifying members are entitled only to the remedies described in the separate Guarantee Offer terms. Those terms are governed solely by the written terms published on Fásnua’s website as of Member’s applicable enrollment date, which Fásnua may modify or discontinue at any time on a prospective basis. For clarity, the existence of any Guarantee Offer does not waive, delay, or reduce Member’s obligation to pay Run membership fees under this Agreement.
10. Limitation of Liability
To the fullest extent permitted by law, Fásnua’s total liability under this Agreement is limited to the amount of Run fees paid by Member to Fásnua in the three (3) months preceding the event giving rise to the claim. In no event will Fásnua be liable for indirect, incidental, consequential, or special damages, including lost profits.
11. Termination for Cause
Either party may terminate this Agreement immediately upon written notice if the other party materially breaches its obligations and fails to cure such breach within thirty (30) days of written notice.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, without regard to conflict of law principles.