I have said this before, and I will say it again.

Subscription-based startups are seriously good.

They can be a money-making machine if done right.

And sometimes, people don't just stick to providing services online; they go offline too.

You will know what I mean in this case!

Our client was running a high-ticket training program that included a hybrid model.

A digital and in-person training experience.

They approached us to draft the agreement for them to onboard their clients!

Problems:

(1) Bad Template

They did have a template that they were using, but it lacked clarity.

And many terms have been previously disputed by clients for the lack of clarity.

(2) Fee Issues

The client was running different programs with various fee models - from auto-deduct to financing options.

And it was getting quite complicated to have everything in one place.

(3) Liability Issues

Lastly, the client wanted to limit their liability.

Basically in terms of privacy regulations, and any other contingencies.

Solutions:

(1) Improved Clarity

A good contract is one that is clear to read with no scope for multiple interpretations.

So the first step for us was to review their template and amend it based on their requirements.

We also laid out the different programs along with features/inclusions and fee options available.

This included in-house/out-of-house financing.

We also made an ACH authorization form to get permission from clients to auto-deduct fees.

(2) Protective Provisions

We included protective provisions for different purposes.

We made provisions for confidentiality and limited usage rights for the client portal and training modules provided with the program, ensuring the client’s IP protection.

We also added a consent clause in the document because the client intended to use the video and image of live training programs for testimonials and advertising purposes.

(3) Disclaimers and Waivers

We made provisions for the termination of the program if any participant is unwilling or makes it difficult for others to participate in the group activities.

We also made provisions for no guarantee of any specific results.

For this, we also included restricted and enforceable indemnity provisions to limit the liability to the maximum extent - as the program included physical activities as well.

We also prepared waiver notices for fitness certification allowing participants to make an informed choice about the program.

The amendment was successful in the end!

We made sure to cover any of the past issues the client had.

And also equipped them for future scenarios!

WHILE simultaneously making sure they can use any videos from live training programs, without anyone challenging it or questioning it!

I hope you enjoyed this week's case study!

If you ever need a custom solution like this, don't hesitate to reach out! :)

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Have a great rest of the Sunday!

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