Terms and Conditions

These Terms and Conditions apply to the services of Eyetrepreneur, LLC, of Prairie Village, Kansas (the “Consultant”) and the party receiving such services (the “Client”).
  1. Scope of services: For monthly Clients, Consultant agrees to offer and provide One Zoom call a month focused on strategic growth and problem solving. Includes a video-recording of the Zoom call and an email recap of Perry’s recommendations, which may cover any needed consultation for the Client, such as the following services as requested or needed by Client:
    1. Teach how to: Increase Eyewear Sales:
      1. Increase overall eyewear sales profit margins
      2. Increase 2nd and 3rd pair sales
      3. Create promotions that don’t devalue your brand
      4. Email marketing campaigns
      5. Create a sales culture
      6. How to establish value
      7. Taking control of the sale
    2. Teach how to: Increase Patient Collections:
      1. Collect more revenue from patients during and after eye exams
      2. Send out monthly statements easier
      3. Have patients pay online
      4. Send patients to collection agency and make life easy
      5. Establish protocols for prepping patients what they will owe when they walk into your practice…no surprises
      6. Outsource your medical insurance billing to a revenue cycle management company that will manage all your medical claims and payments.
    3. Teach: Frame Inventory Assessment
      1. Guide Client on selecting the right brands
      2. Guide Client on setting up inventory correctly
      3. Guide Client on assessing inventory turn
      4. Guide Client on displaying prices on frames
      5. Guide Client on when to discontinue a frame line
      6. Guide Client on buying frames at the right prices
      7. Guide Client on selling unique enough frames in its market to become a destination for best-in-class eyewear
      8. Guide Client on curating frames for all ethnicities and facial features
    4. Teach how to: Lower Costs of Goods (Frames + Lenses)
      1. Find lenses at better pricing
      2. Find frames at better pricing
      3. Educate that the prices you buy goods at is not always a direct and linear relationship to quality
      4. Establish a plan to create a budget for purchasing eyewear
      5. Assess the eyewear vendors and lens lab vendors to determine if best prices are being achieved.
    5. Teach Client to manufacturer lenses in-house using in-office edging systems
      1. Guide Client on purchasing new or used edger if they don’t have one
      2. Teach how to buy a stock lens inventory
      3. Teach where to buy lenses from multiple sources so you are never reliant
      4. Teach lab work flow and processes
      5. Teach final inspection
      6. Teach lab tricks
      7. Teach what brands are good and bad and fair-priced
    6. Develop New Methods for Inbound Referrals from Colleagues
      1. Sclerals, RGPs, and other custom contact lens fits
      2. Dry eye
      3. Emergency eye care
      4. Other niche services and products
    7. Teach how to: Develop Optical Executers, not leaders
      1. Many people can lead, but executing is different. It means being creative, developing ideas and programs, and actually implementing them.
    8. Review of Website and Current Marketing Efforts
      1. Audit of website effectiveness driving traffic
      2. Review marketing budget
      3. Review past successful campaigns
      4. Strategize and develop a 1-year marketing plan for increasing sales on profitable goods and services
      5. Make best-practices recommendations on areas of improvement that result in immediate and long-term growth
    9. Teach how to: Create Radical Transparency culture
      1. Lead role-playing exercises to establish this culture
      2. When you do something right, tell somebody
      3. When you do something wrong, tell somebody
      4. Create a culture where people are proud to tell the truth and be a part of the team. There’s always a solution if people know they won’t be criticized when others shoot it down.
    10. Teach: Office Procedures Perfection
      1. Create actual daily, weekly, and monthly written documents of duties and tasks.
      2. By creating this task system using software, owners and managers will easily be able to check in on staff performance and know if people are doing their jobs.
      3. Setup systems of accountability in the office by using software that monitors your progress and achievements.
    11. Teach: Administrative Duties Cleanup
      1. Better credit card processing rates
      2. Payroll made easy
        1. Vacation hours
        2. Sick days
        3. Request time off
        4. Reminders you are late to work
        5. Trade shifts
        6. Reduce overtime
      3. Evaluate your professional liability insurance, malpractice insurance, disability insurance, and property insurance
        1. Right price
        2. Right coverage to protect you
      4. Timeclock made easy
      5. Hiring made easy
      6. Insurance submissions made easy
      7. Insurance payments made easy
      8. Fix bookkeeping messes with professional help
        1. Create a REAL profit and loss statement you can rely on to make decisions in your business
        2. Setup QuickBooks properly
        3. Create system to pay bills on time
        4. Link-up with quality accountants who will save you money
      9. IT made easy
  2. Other benefits which may be available to Client:
    1. Discounts from consultants and vendors. In the event that Client uses consultants and vendors suggested by Consultant, such consultants and vendors may offer additional discounts directly to Client.
  3. Fees and Expenses:
  4. For monthly Clients, the fees for services will be: $99 per month. Consultant reserves the right to change fees and expenses, and in the event of change, Client may terminate services.
  5. Payment terms:
  6. For monthly Clients, fees and expenses are due at the beginning of each month, payable by pre-authorized credit card or bank account ACH or withdrawal.
  7. Services that are not included in the scope of services: leasing, financing, professional accounting, real estate, financial advice, tax advice, legal advice, brokerage for loans.
  8. Trademarks and logos: If requested by Client, Consultant will offer to Full Consulting Clients (for monthly Clients for an additional fee) design services to assist Client in developing new or updated trademark(s) and logo(s); any work or designs remain the property of Consultant, and will be licensed to Client, until Consultant receives full payment, at which time all property rights will be assigned to Client.
  9. Cancellation/Termination: Client may cancel the monthly consulting commitment by emailing Consultant at least 7 days before the next month and payment. Payments are not refundable and will not be pro-rated. Consultant may terminate the provision of services on at least 7 days’ notice to Client for any reason or no reason.
  10. Client Cooperation: All of Consultant’s services are contingent on (a) Client’s and its staff’s cooperation and participation with Consultant’s teaching and guidance, and (b) Client providing Consultant with all information Consultant deems necessary to provide services. Consultation services are dependent on Client timely providing Consultant with all requested information about Client’s business and goals, Client implementing recommendations, and Client making decisions on a timely basis.
  11. Intellectual Property Rights. Client has and will retain sole title to all Client Confidential information and materials (collectively, “Client Property”), including any and all intellectual property rights therein. Consultant has and will retain sole and exclusive right, title and interest in and to all Consultant’s Confidential information, products, services, and all of Consultant’s technology, platforms, methodologies, processes, techniques, ideas, concepts, designs, tools, trade secrets and know-how, and any modifications, improvements or derivative works of the foregoing, including any and all intellectual property rights therein (collectively, “Consultant’s Property”).
  12. No exclusivity: Consultant is free to work with anybody at any location, even in Client’s territory, unless Client pays Consultant a fee for exclusivity in a defined area; the fee for such exclusivity shall be determined by Consultant on a case-by-case basis.
  13. Exclusion of Warranties. CONSULTANT’S SERVICES ARE PROVIDED “AS IS”. CONSULTANT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, DESIGN OR SUITABILITY, OR QUALITY OF SERVICE. WITH RESPECT TO THE PROJECT OR ANY GOODS, SERVICES OR OTHER MATERIALS DELIVERED BY CONSULTANT, CONSULTANT DOES NOT GUARANTEE IN ANY WAY THAT THE RESULTS OF ANY ANALYSIS AND REPORTS IT PRODUCES ARE ACCURATE. NO WARRANTIES SHALL ARISE UNDER THESE TERMS AND CONDITIONS FROM COURSE OF DEALING OR USAGE OF TRADE.
  14. Limitation of Liability. NOTWITHSTANDING ANYTHING IN THESE TERMS AND CONDITIONS TO THE CONTRARY, THE ENTIRE LIABILITY OF EITHER PARTY TO THE OTHER ARISING OUT OF THESE TERMS AND CONDITIONS FOR THE SERVICES PERFORMED HEREUNDER SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY CLIENT TO CONSULTANT. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS OR DATA) WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE PARTIES AGREE THAT THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS AND CONDITIONS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Consultant is willing to enter into these Terms and Conditions and perform Services for Client only in consideration of and in reliance upon the provisions of these Terms and Conditions limiting Consultant’s exposure to liability, including but not limited to the provisions contained above. Such provisions constitute an essential part of the bargain underlying these Terms and Conditions and the Services Schedule and have been reflected in the consideration specified therein.
  15. Independent Contractor. Consultant is, and throughout the term of these Terms and Conditions and the Services to be provided shall be, an independent contractor, and not an employee, partner or agent, of Client. Consultant shall not be entitled to nor receive any benefit normally provided to Client’s employees such as, but not limited to, vacation payment, retirement, health care or sick pay. Client shall not be responsible for withholding income or other taxes from the payments made to Consultant’s employees or authorized representatives.
  16. Confidentiality: Each party may have access to information that is confidential and proprietary to the other party (“Confidential Information”). “Confidential Information” shall include any and all technical and non-technical information of each party, including but not limited to trade secrets, and proprietary information, ideas, samples, media, techniques, sketches, drawings, works of authorship, models, inventions, know-how, processes, apparatuses, equipment, algorithms, software programs, software source documents, related to the current, future, and proposed products and services of each of the parties, and including, without limitation, their respective information concerning research, development, design details and specifications, financial information, procurement requirements, purchasing, manufacturing, Client lists, investors, employees, business and contractual relationships, business forecasts, sales and merchandising, marketing plans and any other information of a similar nature. Each party agrees not to make Confidential Information available in any form to any third party except to such party’s employees, contractors, agents or service providers who are required to know to allow such party to exercise its rights or perform obligations under these Terms and Conditions or to use the Confidential Information for any purpose other than in the performance of these Terms and Conditions. Each party agrees to take all reasonable steps to ensure that Confidential Information is secure and not disclosed or distributed by such party’s employees or agents in breach of this Section. Upon request of the disclosing party, the receiving party will destroy the disclosing party’s Confidential Information, other than archival back-up copy. The obligations of this provision shall not apply to any such Confidential Information which, after the date hereof, becomes publicly available without a breach of these Terms and Conditions, or is disclosed to a third party without similar restriction on the third party’s rights, or is already known in the relevant industry. This Section will survive termination of these Terms and Conditions.
  17. Collection: If Client does not pay as agreed, Client agrees to pay Consultant late charges of 1.5% per month, annual interest of 15% (or the highest lawful rate if lower), and collection costs, including attorney and expert fees. This Agreement is for business purposes, and not for any consumer or personal purposes.
  18. Miscellaneous. This Agreement is the complete agreement of the parties regarding the subject matter hereof, and may not be amended except by a writing signed by the party to be charged. There are no representations or agreements between the parties not contained in this Agreement. This Agreement supersedes all prior and contemporaneous agreements between the parties. Section headings in this Agreement are only for purposes of convenience of reference and shall not affect the interpretation of this Agreement or modify any of its terms. Every provision of this Agreement is intended to be severable; if any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of this Agreement. This Agreement is deemed made in the State of Kansas, where it is accepted by Consultant. This Agreement and the rights and obligations of the parties hereunder shall be governed by, interpreted, construed and enforced under the laws of the state of Kansas, irrespective of the conflicts of laws of any other state. For any legal action between the parties, the parties agree to the exclusive jurisdiction and venue in the District Court of Johnson County, Kansas. This Agreement is the joint work product of the parties, and in the event of any ambiguity herein, no inference or construction shall be drawn against a party by reason of document preparation. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, legal representative, successors and assigns. Failure by either party to insist upon or enforce any of their rights shall not constitute a waiver thereof, and nothing shall constitute a waiver of such party’s right to insist upon strict compliance with the provisions hereof. No express or implied consent to or waiver of any breach or default in the performance of any obligation hereunder shall constitute a consent to or waiver of any other breach or default in the performance of the same or any other obligation hereunder. This Agreement may be executed in multiple counterparts, which together shall constitute one agreement. This Agreement may be executed by hand, facsimile and/or electronic signature, which shall be deemed original for all purposes.
  19. Client Authority: The person acting for the Client certifies that he/she is authorized by the Client to employ Consultant under these Terms and Conditions.

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