nchantment independent image consultant … · 2012-06-06 · nchantment independent image...

NCHANTMENT INDEPENDENT IMAGE CONSULTANT APPLICATION

I NDEPENDENT IMAGE CONSULTANT APPLICATION AND AGREEMENT

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NCHANTMENT INDEPENDENT IMAGE CONSULTANT APPLICATION May 23, 2012

WELCOME TO THE NCHANTMENT FAMILY!!!!! We are so excited you are onboard and ready to envision your future with NCHANTMENT. Let’s begin the most exciting time of your life – a journey full of self-discovery…self-fulfillment and growth….fun with new friends and SHOES, SHOES and more SHOES. You can make this business anything you want it to be. Every NCHANTMENT Independent Image Consultant’s business is as unique as the person who owns it. Work it your way and make sure you are having the time of your life! Our Vision is to empower women financially and personally through their passion and love for fashionable, well-branded products.

Our Mission is to enchant our customers with quality fashionable, well branded products and exemplary customer service, as well as financial opportunities for our Independent Image Consultants. We also want to reach out to the heart and spirit of women enabling personal growth and fulfillment for the lives we touch. We will carry out our mission in the spirit of caring and giving.

Our Core Values Integrity, Leadership, Spirituality, Service, Recognition, Fun Start your exciting career in the Fashion Industry by enrolling as an NCHANTMENT Independent Image Consultant Summer Promotion enrollment fee of $199.00 (Regular enrollment fee of $349.00) Enter as a Royal Image Consultant and immediately:

Receive 20% off Retail Prices for your personal inventory

Get a pair of shoes valued at $50 Retail

Get Started NCHANTMENT Kit that includes 250 Business Cards. You will receive your

NCHANTMENT Kit within the first 14 days of joining the business.

Promote your business by signing up for a Personal Affiliate Link $9.99 per month (or $99.00 per

year)

Empower yourself through NCHANTMENT Independent Image Consultant Certification Training and On-Going Training and Support Get your certification by attending the regularly scheduled training webinars. More details will be

provided in the regular NCHANTMENT NEWS. Join us on the regularly scheduled NCHANTMENT update conference calls every Monday evening at

8 pm Central Time (9 pm Eastern Time, 6 pm Pacific Time). This is a great way to keep connected with all that is happening in the world of your NCHANTMENT business….and of course SHOES.

Develop yourself personally through NCHANTMENT Sole Inspiration Program

If you have any questions please connect with the NCHANTMENT INDEPENDENT IMAGE CONSULTANT who introduced you to the business. At NCHANTMENT we believe you should have the freedom to live each day your way….what better way to do it than through your passion and love for fashionable, well-branded products. Your NCHANTMENT family is ready to support you!

Nicole J


NCHANTMENT INDEPENDENT IMAGE CONSULTANT APPLICATION PLEASE FILL OUT THE APPLICATION CLEARLY AND SEND COMPLETED SCANNED IMAGE FILE TO [email protected]

YOUR PERSONAL INFORMATION

First Name __________________________ MI____ Last Name __________________________________ Social Security # _______-________-___________ Date of Birth ___ ___ / ___ ___ / ___ ___ ___ ___ Mailing Address ______________________________________________City _______________________ State _____ County __________________ Zip ________________ Email address: _____________________________________ Primary telephone (_________) _______________________ Shoe Size ______________________ Mobile telephone* (_________) _______________________ * Would you like to receive occasional correspondence via text messaging? ❏ Yes ❏ No (Note: Standard text messaging rates will apply from your provider.) Fax (_________) ____________________________ ❏ I live outside the city limits and am therefore not subject to city sales tax. Your privacy is our priority. NCHANTMENT software ensures the security of Social Security numbers, which are required to establish your business and reward your success. YOUR BUSINESS INFORMATION (for consultants that want to register their business) Name of Business Entity: _________________________________________ Type of Business Entity: (check one) Corporation _____ Limited Liability Company (LLC)____ Trust____ Other — Describe:______________ Partnership______ State of Incorporation/Organization: __________________________ Employer Identification Number (EIN):_________________________ Business Mailing Address: _______________________________________City: ______________________ State: _____ County: __________________ Zip: ________________ ❏ The business is located outside the city limits and am therefore not subject to city sales tax.

YOUR SHIPPING ADDRESS (if different from mailing address — do not use P.O., A.P.O., or F.P.O. BOXES) Shipping Address __________________________________________ City __________________________ State _____ County _________________ Zip ________________ INDEPENDENT IMAGE CONSULTANT WHO SHARED INFORMATION ABOUT NCHANTMENT WITH ME (if any): Last Name________________________________ First Name________________________________ Cons.#_______________


YOUR METHOD OF PAYMENT FOR $199.00 US Check One: ❍ VISA ❍ MasterCard ❍ Discover/Novus ❍ American Express Credit Card Number: _____________________________________________________________________ Exp. Date: ________ / ________ The Credit card used cannot be in name of Recruiter. Payment must be made by the person that is applying and the applicant must be an authorized signer on credit card. ____________________________________________________ Account Holder Name Printed Account Holder Signature:__________________________________________ YOUR SIGNATURE REQUIRED (PLEASE READ, SIGN AND DATE) Signature:__________________________________________ Date:________________________________ The above signatories (and others as may be appended to this document) certify that each is authorized by the above entity to sign any document necessary to conduct business with NCHANTMENT LLC (“NCHANTMENT”), and that each is liable individually under all contracts and agreements entered by the above entity with NCHANTMENT as individuals jointly and severally. Each acknowledges that they are individually bound to and must comply with the terms and conditions of the NCHANTMENT Independent Image Consultant Agreement (“Agreement”). Violation of the Agreement by any partner, member, shareholder, employee, trustee, or other individual associated with the ownership or management of the above entity shall be jointly and severally imputed to the above entity and all other owners, partners, shareholders, trustees, managers, members or employees of the above entity.


INDEPENDENT IMAGE CONSULTANT AGREEMENT

This Independent Image Consultant Agreement (this “Agreement”) is made by and between NCHANTMENT, LLC, a

Texas limited liability company (“NCHANTMENT”), with its principal place of business located at 3361 Boyington Dr # 120,

Carrollton, Texas, and the undersigned (“Independent Image Consultant”), at the address provided herein.

RECITALS

WHEREAS, NCHANTMENT is engaged in providing retail products at a discounted price in accordance with the Company

Policies and Procedures (as defined herein) and providing retail services and other related products;

WHEREAS, NCHANTMENT is interested in the sale of NCHANTMENT products and the maintenance of both the goodwill

and image of NCHANTMENT and its products;

WHEREAS, the Independent Image Consultant is equally interested in promoting the sale of the NCHANTMENT products

and goodwill of NCHANTMENT; and

WHEREAS, NCHANTMENT and the Independent Image Consultant desire to work together to provide NCHANTMENT

products, retail services and other related products as provided herein.

AGREEMENT

Now, therefore, in consideration of the mutual promises herein made, and in consideration of the representations, warranties, and covenants herein contained, the parties agree as follows:

1. The Independent Image Consultant shall offer NCHANTMENT services and sell NCHANTMENT products in

accordance with NCHANTMENT’s marketing program and policies and procedures, a copy of which shall be provided to the

Independent Image Consultant within sixty (60) days of the date of this Agreement (the “Company Policies and

Procedures”). The Company Policies and Procedures may be amended from time to time at the sole discretion of

NCHANTMENT. The Company Policies and Procedures are incorporated herein and made a part of this Agreement.

2. The Independent Image Consultant understands and acknowledges that its failure to comply with the Company

Policies and Procedures, as determined by NCHANTMENT in its sole discretion, shall constitute a default under this

Agreement.

3. The Independent Image Consultant understands and acknowledges that the Independent Image Consultant is

responsible for assuring consumer satisfaction with respect to personal instruction, proper use and timely delivery of

NCHANTMENT products.

4. The Independent Image Consultant shall reflect the highest standards of integrity, honesty and responsibility in

dealings with NCHANTMENT, its customers, and any other third parties, affiliates of NCHANTMENT or contractors.

5. The Independent Image Consultant understands and acknowledges that the success of his or her business as an

independent contractor with NCHANTMENT depends on (i) the sales of NCHANTMENT services and goods to consumers;

and (ii) the recruitment of other successful consultants. In the event that the Independent Image Consultant recruits a

consultant to work with NCHANTMENT, the Independent Image Consultant shall ensure that such consultant receives the

necessary training and the Company Policies and Procedures to equip such consultant with the requisite amount of

knowledge of NCHANTMENT’s sales and marketing policies. The Independent Image Consultant shall also provide

NCHANTMENT with the genealogy information for such recruited consultants.

6. Any and all discounts for NCHANTMENT services and goods sold by the Independent Image Consultant will be in

accordance with the Company Policies and Procedures.

7. Any and all commissions paid by NCHANTMENT for NCHANTMENT services and goods sold by the Independent

Image Consultant will be determined and paid in accordance with the Company Policies and Procedures.


8. To the fullest extent permitted by law, the Independent Image Consultant shall indemnify, defend and hold

NCHANTMENT harmless against all claims, damages, losses (including but not limited to the loss of use of its real and personal

property) and expenses (including but not limited to attorneys' fees) arising out of or resulting from the performance of or failure

to perform its services covered by this Agreement.

9. In all matters involved herein, Independent Image Consultant shall at all times be an independent contractor and

the parties hereto do not intend to enter into and are not entering into any other or different relationship and nothing in

this Agreement shall be construed as creating the relationship of principal and agent, or employer and employee, between

NCHANTMENT and the Independent Image Consultant and or the Independent Image Consultant’s employees. The

Independent Image Consultant acknowledges that, with respect to the services rendered under this Agreement: (i) neither

it nor any of its employees is an employee of NCHANTMENT; (b) neither it nor any of its employees is entitled to receive any

benefits associated with being an employee of NCHANTMENT; and (c) Independent Image Consultant shall be responsible

for payment of benefits and the entire compensation of each of Independent Image Consultant’s employees (or their

beneficiaries), including employment taxes, unemployment compensation, workers compensation payments and any

similar taxes or duties associated with employment. The Independent Image Consultant agrees and represents that, as the

employer of such persons, it shall comply with all applicable laws and regulations, and agrees that upon request of

NCHANTMENT, it shall furnish to NCHANTMENT evidence of payment of all wages and other compensation due such persons

and evidence of compliance with all applicable laws and regulations. The obligation of Independent Image Consultant to

NCHANTMENT hereunder shall be only to accomplish the final result for which Independent Image Consultant's services are

intended and NCHANTMENT reserves no right to direct or control the method in which the services of Independent Image

Consultant are to be performed.

10. The Independent Image Consultant understands and acknowledges that (i) NCHANTMENT may release its name and

telephone number in response to a customer’s request for an Independent Image Consultant in the Independent Image

Consultant’s area; and (ii) that if the Independent Image Consultant does not want this information released, it shall notify

NCHANTMENT in writing via email at [email protected] of such desire to not have its contact information provided

to customers.

11. The Independent Image Consultant understands and acknowledges that NCHANTMENT may provide services to its

customers through other consultants or otherwise in the event that this Agreement is terminated.

12. The Independent Image Consultant understands and acknowledges that he/she has no power or authority to bind

or incur any debt, obligation or liability on behalf of NCHANTMENT.

13. The Independent Image Consultant agrees to hold the Company Policies and Procedures, and any and all other

information and materials obtained pursuant to this Agreement regardless of the source or format, including, but not

limited to, audio, video, print, the Internet, electronic and digital as confidential. The Independent Image Consultant agrees

not to disclose, distribute or reproduce such confidential information to any party other than NCHANTMENT without the

advance written consent of NCHANTMENT except pursuant to subpoena or order of court.

14. The Independent Image Consultant understands and acknowledges that (i) all orders submitted are subject to

acceptance by NCHANTMENT at its offices in Carrollton, Texas, and the terms of this Agreement; and (ii) that all sales are

final. NCHANTMENT is under no obligation to accept returns for goods purchased by the Independent Image Consultant.

15. The Independent Image Consultant understands and acknowledges that he/she must complete the NCHANTMENT

Independent Image Consultant webinar training within ninety (90) days of the date of this Agreement to be eligible for the

opportunities as a certified consultant at NCHANTMENT.

16. The Independent Image Consultant understands and acknowledges that NCHANTMENT may charge the

Independent Image Consultant a monthly website hosting fee for the operation and maintenance of the Independent

Image Consultant’s personal website through NCHANTMENT.


17. The Independent Image Consultant shall not directly or indirectly become a consultant, representative, affiliate or

employee of any other company or business that provides shoes or shoe products and which would compete with

NCHANTMENT. The Independent Image Consultant shall not solicit business, either directly or indirectly, from or undertake

any customers serviced during the term of this Agreement for a period of six (6) months after the termination of this

Agreement.

18. Either NCHANTMENT or the Independent Image Consultant may terminate this Agreement by providing the other

party with thirty (30) days written notice. In the event that the Independent Image Consultant terminates this Agreement

within thirty (30) days of the date of this Agreement, NCHANTMENT will refund the Independent Image Consultant’s

entrance fee paid to NCHANTMENT.

19. The Independent Image Consultant releases and waives any and all right to recover any and all losses, claims,

expenses or damages for personal injuries, property damages, loss of life or property from NCHANTMENT for or on account

of any loss of any kind or nature suffered by the Independent Image Consultant arising out of the activities performed

under this Agreement and (ii) assumes all risks of injuries or damage to its officials, employees, contractors, servants,

agents, tenants and invites and their property while performing activities under this Agreement and hereby releases and

discharges NCHANTMENT from any and all liability therefore.

20. In case any one or more of the provisions of this Agreement shall, for any reason, be held to be invalid, illegal or

unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and

this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

21. This Agreement represents the complete agreement between the Independent Image Consultant and NCHANTMENT

concerning the subject matter hereof, and supersedes all prior agreements or understandings between the parties, written or

oral, as to the subject matter hereof. No attempted modification or waiver of any provisions of this Agreement shall be binding

on either party unless in writing and signed by both the Independent Image Consultant and NCHANTMENT.

22. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing

party shall be entitled to reasonable attorneys' fees in addition to any other relief to which it may be entitled. The validity

of this Agreement and any of its terms and provisions, as well as the rights and duties of the parties hereunder, shall be

governed by the laws of the State of Texas, without consideration to Texas' conflicts of law principles.

IN WITNESS WHEREOF, the parties have executed this Agreement on ______________________, 20____.

INDEPENDENT IMAGE CONSULTANT

By: ___________________________________________

Name: _________________________________________

Address: ________________________________________

______________________________________________

NCHANTMENT, LLC

By: ____________________________________________ Nicole Jones, Member

nchantment independent image consultant … · 2012-06-06 · nchantment independent image...

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