Terms of Service
Firebreather Marketing strives to be a trusted and valued partner for gym owners across the world. Below you will find the ‘Terms of Service’ we require of all our clientele. In this agreement, clientele may be referred to and is synonymous with “Clients” and “Members”.
All clients will choose a membership tier prior to starting service with Firebreather Marketing. Membership tiers can be found on the ‘Get Started’ page of www.firebreathermarketing.com. Each membership tier outlines the services included in each tier in detail. The services included in any tier are subject to change at any time.
When a tier is chosen, the service start date will begin on the date of checkout. All clients are required to use automated online billing through the www.firebreathermarketing.com checkout system (or other payment portal provided by Firebreather Marketing). Service begins on the date that payment successfully processes and will continue to bill monthly on the same date unless service is terminated or suspended. Memberships, payment history, and account management can be accessed by logging into www.firebreathermarketing.com.
All email marketing content including the function, format, and design of sales funnels and/or automations is considered the intellectual property of Firebreather Marketing and may not be copied, cloned, replicated, shared, or distributed in any manner without the consent of Firebreather Marketing. Website structure, templates, loops, and pods are also considered the intellectual property of Firebreather Marketing and may not be shared, replicated, or copied.
Websites are the foundation of all Firebreather Marketing services, therefore Firebreather Marketing provides all members with a customized website at the time of sign up that they may continue to use for the duration of their membership. All websites are designed by Firebreather Marketing and hosted by a third-party provider. There is no additional charge for the design of this website, however, the design process will only begin after the first membership payment has been successfully processed. Over the course of the first 30 days of service, Firebreather Marketing and the client will work together to agree upon the design of the site. At the end of 30 days (or sooner) the new site will launch. Firebreather Marketing will retain ownership of the website and the assets created for the website. The client will retain ownership of any content they themselves provided for the website such as graphics or text. The client will also retain ownership of any content they themselves post to the site.
i) Footer Text
Firebreather Marketing reserves the right to include design credit and a link to www.firebreathermarketing.com in the footer space on any website designed by Firebreather Marketing.
ii) Website Modification
Websites will be designed by Firebreather Marketing but clients do have control over the content displayed. Each client will be provided with login credentials for their site and have the power to make changes to content, such as adding, removing, or making modifications to staff members, workouts, prices, discounts, etc. It’s the intent of Firebreather Marketing to empower clients to fully manage their website on their own while Firebreather Marketing handles technical aspects, however, Firebreather Marketing is happy to assist with guidance on how to make any desired changes. If help is needed from a Full-Service Guru but that level of support is not included in the client’s membership tier, an additional service fee may be negotiated.
iii) Full-Service Guru
A ‘Full-Service Guru’ is a Firebreather Marketing professional dedicated to making front and backend changes to a client website or email marketing account. Gurus are available to modify existing pages by altering, adding, or removing text and/or images, or making adjustments to the layout. A Guru can also build additional pages and sections for a website, with a limit of one new parent page and up to two child pages per month. For example, a Guru might build an event registration “parent” page with a confirmation “child” page after a successful submission. The creation of additional automations or funnels may be subject to additional fees.
iv) Website Downtime
During your membership, there may be periods of “downtime” where the website is unavailable. This downtime happens for various reasons which may include but is not limited to server maintenance, software bugs, malware, malicious activity, maintenance, or updates. Firebreather Marketing will work to resolve these issues as quickly as possible if they arise.
v) Cyber Attacks
Website vulnerabilities inevitably exist. Firebreather Marketing is not liable for any damage done as a result of such an attack but will do everything possible to restore service as quickly as possible.
It is recommended that all gyms purchase the domain name they wish to use for their website. Login information for the domain management portal must be provided in order for Firebreather Marketing to access the DNS settings and route that domain to the website created by Firebreather Marketing. Privately owned domains will continue to be the property of the purchaser in the event of service termination.
A custom email marketing account will be created for all Firebreather Marketing clients who have email marketing service included in their membership tier. Clients may authorize the use of a pre-existing email contact list to be imported into a Firebreather Email Marketing account. All email contacts, regardless of their origin, are subject to the privacy terms listed above in article iiv. In the event of service termination, the email marketing account will be disabled or removed. Firebreather Marketing retains the right to the account information of all contacts uploaded to, subscribed to, or otherwise included in the email marketing account. Firebreather Marketing clients may request an exported list of these contacts at any time, up to 90 days after ending their email marketing service with Firebreather Marketing. Different service tiers may allow different levels of client access to email marketing accounts. For more information, please see the details listed in the membership tiers at www.firebreathermarketing.com/get-started/. Clients who have unrestricted access to their email marketing account must still abide by the terms listed under the ‘Intellectual Property’ section of these terms.
Prices for services may increase over time. In the case of a price adjustment, 60 days’ notice will be provided.
Usage of Project Components
Firebreather Marketing retains the right to use the final product or any versions created in the process within printed and online portfolios including promotional materials such as newsletters, advertisements, and video demonstrations or tutorials. Firebreather Marketing reserves the right to include the business name of a client and link to their website for promotional purposes.
Firebreather Marketing offers additional ways to earn money for referrals and sales. To learn more about becoming an Ambassador, please visit www.firebreathermarketing.com/ambassador
Termination or Suspension of Service
If a member chooses to terminate or suspend service, they may do so without penalty when 30 days written notice is provided. Without written notice, service may still be terminated or suspended but up to 100% of the next payment period may be billed. Upon termination, all services will end 30 days after the termination date unless a different date is agreed upon. “Termination” means that all services including website and email marketing access will cease. In the case of a suspension, all services and service assets will no longer be public but will still exist in an inactive state for the duration of the suspension. A suspension may last up to 90 days. After termination or 91 days of suspension, all service-related assets may be permanently deleted. Upon suspension, Firebreather Marketing will set the DNS to route to www.firebreathermarketing.com. Upon termination, Firebreather Marketing will set the DNS to route to www.firebreathermarketing.com unless a different URL is provided within 30 days of the final day of service.
This agreement becomes effective only when the Terms of Service box is marked upon checkout and the first payment is processed. Upon signing, both parties agree that for purposes of venue, this contract was entered into in Washington State and any dispute will be litigated or arbitrated in Washington State. The agreement contained in these terms constitutes the sole agreement between the business entity represented by the individual whose name appears on the payment at the time of checkout, the business they represent, and Griffin Media LLC d/b/a/ Firebreather Marketing.