Consulting Terms

Last Updated July 6, 2024.

This Agreement is entered into by Maggie Arnold (Designer) and Client. Whereas, Designer and the Client desire to establish the terms and conditions under which Designer will provide services to Client, the parties agree as follows:

Work: One (1) sixty minute (60 min) consulting call. Designer shall cooperate with the Client’s personnel, shall not interfere with the conduct of the Client’s business and shall observe all rules, regulations and security requirements of the Client concerning the safety of persons and property. The parties shall be deemed independent contractors for all purposes hereunder. Accordingly:

Independent Contractor Status: Designer will not be treated as an employee for any purpose. Client will not control the day-to-day performance of the service. Designer has discretion over when, where, and how the service is provided. Designer will use their own equipment, tools, and materials to perform their obligations. Designer is responsible for the payment of all federal, state, and/or local taxes with respect to the services she performs for the Client as an independent contractor. 

Confidentiality: Designer acknowledges that they may have access to information which relates to the Client’s past, present, or future products, vendor lists, projects and all other proprietary information. Designer agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof and Client agrees accordingly. Client is not allowed to reveal the Designer’s processes, methods, or other inner workings of Designer’s business. 

Payments: Client agrees to pay Designer a one-time, non-refundable fee of $200 for the One (1) Hour Consulting session. To ensure commitment to project timeline and payment policies, Client is required to pay the full fee to secure reservation for the project. Failure to complete payment will result in a forfeiture of the reservation. 

Refunds and Exchanges: Due to the nature of the services provided, all payments made under this Agreement are non-refundable. This applies regardless of whether the consulting calls take place or not. Both parties understand and agree to these terms.

Ownership: If any deliverable under this Agreement embodies intellectual property rights, including but not limited to copyrights and other proprietary rights, Designer hereby assigns all rights, title, and interest in such deliverables to the Client. Designer acknowledges that each original work created within the project scope, either alone or with others, is protectable by copyright. Further, Client acknowledges that Designer has the rights to use the property for personal and business use including, but not limited to, self-promotion and future portfolios, see Accreditation and Promotion section.

Accreditation and Promotion: Designer is entitled to use the deliverables produced under this Agreement for marketing, promotional, social media, websites, and educational purposes. Unless explicitly requested in writing by Client, Designer will use Client’s name, business name, or social media handles for these promotional purposes while ensuring the protection of the Client's private data at all times. 

Collaboration: To ensure a successful and efficient project, the Client agrees to trust the Designer's professional process and actively collaborate by providing necessary information about their business and goals. This includes following the project’s timing, sequence, and methodologies. The Client must be available throughout the project timeline and have the technology to facilitate either video or phone calls. The Client releases the Designer from any claims or damages resulting from the Client's failure to collaborate.

Cancellation: This Agreement can be terminated if either Client or Designer breaches this Agreement, or if either decides it's not a good fit to work together. As outlined in the Compensation section, Client acknowledges that any payments made to Designer will be non-refundable. 

Disclaimer: The Client acknowledges and agrees that Designer is not responsible for the success or failure of the Client's business following the completion of the project. While Designer will use their best efforts to give advice specifically tailored to the Client's specific needs and goals, the Client understands and agrees that Designer does not guarantee any specific results or outcomes, including but not limited to increased revenue, customer acquisition, or business growth. The Client assumes full responsibility for the implementation and execution of any strategies, ideas, or advice provided by Designer, and acknowledges that the ultimate success of the business post-project is dependent on a variety of factors beyond the control of Designer. Accordingly, the Client hereby releases Designer from any and all claims, liabilities, or damages arising out of or relating to the success or failure of the business following the completion of any projects or calls. The Designer is not responsible for any errors after the Client accepts the work.

Non-Exclusivity: Both parties agree that this Agreement is non-exclusive. Client is entitled to hire other service providers for similar services, and Designer is free and entitled to work with as many third parties or clients, similar industries or otherwise, as Designer sees fit.

Arbitration: Any unresolved controversy or claim arising out of or relating to this Agreement, except as otherwise provided in this Agreement, or any such controversies or claims arising out of either party's intellectual property rights for which a provisional remedy or equitable relief is sought, shall be submitted to arbitration by one arbitrator mutually agreed upon by the parties, and if no agreement can be reached within thirty (30) days after names of potential arbitrators have been proposed by the American Arbitration Association (the "AAA"), then by one arbitrator having reasonable experience in corporate finance transactions of the type provided for in this Agreement and who is chosen by the AAA. The arbitration shall take place in accordance with the AAA rules then in effect, and judgment upon any award rendered in such arbitration will be binding and may be entered in any court having jurisdiction thereof. The prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled.

Acceptance of Terms: By checking the box before purchase, Client agrees that they have read and understand these terms.