Terms and Conditions for Built to Scale
Recitals
The Client desires to engage the services of the Consultant for general business consulting services which may touch on a wide spread of discussions including goal-setting, guidance, and support to help the Client make positive changes in their life and business; and
The Client has determined that, for their business, the Consultant possesses the necessary expertise and experience to provide such services; and
The Client acknowledges that the Consultant is not an Accountant, CPA, lawyer, doctor, or licensed counselor and as such does not offer financial, legal, or clinical advice; and
The Client understands that any and all advice given is subjective, based on reasonable experiences and expertise possessed by the Consultant, and that results are not promised nor guaranteed.
Confidentiality
Both parties understand and agree that during the course of the consulting engagement, sensitive and proprietary information may be exchanged. The Consultant acknowledges the importance of maintaining the confidentiality of such information and agrees to the following terms:
•"Confidential Information" refers to any non-public, proprietary, or sensitive information disclosed by either party to the other, either directly or indirectly, in written, oral, electronic, or any other form. Confidential Information includes, but is not limited to, trade secrets, business strategies, financial data, customer lists, marketing plans, software, processes, designs, and any other information that is not publicly available.
•The Consultant agrees to: a) Use the Confidential Information solely for the purpose of fulfilling the obligations outlined in the consulting agreement. b) Not disclose, reproduce, distribute, or make available the Confidential Information to any third party without the prior written consent of the Client, except as required for the performance of the consulting services. c) Take all reasonable measures to protect the confidentiality of the Confidential Information and prevent unauthorized access, use, or disclosure.
•The obligations of confidentiality shall not apply to information that: a) Was already known to the Consultant before its disclosure by the Client. b) Becomes publicly available through no fault of the Consultant. c) Is independently developed by the Consultant without reference to the Confidential Information. d) Is required to be disclosed by law, regulation, or court order, provided that the Consultant gives the Client prompt notice of such requirement to allow the Client the opportunity to seek a protective order.
The obligations of confidentiality shall survive the termination or completion of the consulting engagement and shall continue for a period of one year from the date of termination.
Communication, Responsibilities and Results
Ultimately, The Client is responsible for their own decisions, personally and professionally. The Consultant, where able, will support and guide the Client, but shall not be responsible for the action and choices ultimately made by the Client. The Consultant cannot guarantee specific outcomes or results. Consulting is a partnership focused on personal and professional growth.
The Client and Consultant agree to communicate openly, honestly, and respectfully during sessions. Feedback and questions are encouraged.
If the Client needs to reschedule or cancel a scheduled session, they should provide notice at least 24 hours in advance. Missed sessions may be forfeited and not eligible for rescheduling.
If the Client is receiving any finished good or deliverable, it is the Client’s sole responsible to ensure that all spelling, grammar, phone numbers, email addresses, URLs, names, and any other details are correct and accurate prior to publishing, replicating, or approving. The Consultant and the firm are not responsible for any discrepancies in finished goods.
The Consultant enjoys showcasing its clients and reserve the right to use the Client’s name, image, brand identity, or likeness, in marketing collateral. This includes but is not limited to quotes and success statistics. The Consultant values confidentiality and would never knowingly publish or disseminate information from the duration of this engagement that would be deemed as confidential.
The Consultant is regularly exploring new tools, companies, and resources that could add value to its Clients and routinely provides recommendations. All third-party recommendations are not requirements of this agreement, and any utilization of such tools is at the discretion of the Client. The Consultant does not provide ongoing support for such tools. The Consultant through investment or other agreements may have financial or other interests in some of the tools and resources recommended.
Payments
The Client agrees to pay the Consultant the full fee for the services outlined in this agreement before any work begins. Please note that the payment is non-refundable, and the Consultant will not begin work until the full payment has been received. The Consultant has made available various payment options including financing solutions. The Client acknowledges that any all matters related to financing are exclusively between the Client and the third-party payment processor.
In the event that the Client requests additional services or work beyond the scope outlined in this Agreement, both parties may agree to such modifications in writing without the need to execute a new agreement. Any modifications to the scope of work shall be confirmed through written correspondence, which may include email communication, provided that both parties expressly acknowledge and agree to the changes.
Notwithstanding any modifications made to the scope of work, all other terms and conditions of this Agreement shall remain in full force and effect.
Deliverables and Fee
Six Virtual Sessions (usually via Zoom) for 59 minutes each, where both the Client and Consultant will be present and available via video and audio unless previously discussed. The sessions will be recorded.
The course must be completed in no less than 6 weeks and more than 90 days. If sessions are scheduled beyond 90 days, the Consultant has the right to bill above and beyond.
All Encompassing Terms
This Agreement is not a substitute for legal, financial, or clinical advice. The Consultant is not liable for decisions made by the Client based on sessions or any other materials provided directly or indirectly by the Consultant to the Client.
This Agreement represents the entire understanding between the Consultant and the Client and supersedes any prior agreements or discussions.
The Client agrees to indemnify, defend, and hold the Consultant harmless from and against any and all claims, liabilities, damages, losses, expenses, and costs (including reasonable attorney's fees) arising out of or in connection with the Client's use of the services provided under this Agreement.
The Consultant reserves the right to fully assign and transfer this Agreement in whole or part.
By clicking below, both parties acknowledge and agree to the terms of this Agreement.