This Service Agreement (this “Agreement”) is entered into and effective as of the date and time you indicate your agreement (by checking a box, giving verbal consent, etc.), you begin using our services, or you pay your first invoice, whichever is earliest (the “Effective Date”). It is entered into by and between (“Energetic Harmony℠“, “we”, “us”, or “our”) and “Client” or “you”, collectively the “Parties.”
Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This agreement commences upon the effective date, remains in place, and does not need renewal. If, for some reason, one part of this contract becomes invalid or unenforceable, said parts will be acknowledged, and the remaining parts of it remain in place. Your use of our services indicates your agreement to the following:
We will always do our best to fulfill your needs and meet your goals. But it’s best to have a few simple things written down so that we both know what is what, who should do what, and what happens if something goes wrong.
In this Agreement, you won’t find complicated legal terms, or large passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, both now and in the future.
You are hiring us as a growth + healing studio to help you “heal” (improve) the quality of your thoughts, feelings, and performance so that you can accelerate growth, impact, and scale. We take the total picture into account when determining how best it makes sense for your growth + healing plan to be built, based on our teachings and experience. While we offer a la carte services, we generally do this through our entrepreneurial wellbeing coaching & consulting workshops and programs.
We refer to the unique set of recommendations we compile for you as your “growth + healing plan,” or your “Plan.” Your Plan may include one or more of our workshops or programs, which are offered at set rates. Any services provided outside of the established Plan rate are billed at minimum 185 USD per hour. Of course it’s a little more complicated, but we’ll get to that. (For your information, your exact a la carte session rate, if applicable, is specified on your initial program invoice.)
What do both parties agree to do?
As a client, you have the power and ability to enter into this Agreement as an individual, or on behalf of your organization. You agree to provide us with everything we need to administer your program, including pre-work, homework, session feedback, and other information as and when we need it, and in the format that we ask for. You agree to review our work (as applicable), or submit feedback, sign-off approval, pre-work, homework, and other deliverables within 7 calendar days of the date we first asked for it.
Please note that even when a human doesn’t ask for it expressly, a human is still expecting your contribution. So, the “date we first ask for it” may includes the date you reach a certain module in the program (i.e., one requesting your action or feedback), the date you receive an autoresponse requesting info from you, and so forth. Failure to send updates or deliverables from your side within 14 days may be considered a freeze or abandonment of your program, and a resumption fee of 8% will be assessed and due before your program can be resumed.
As a service company, our time is the way we earn money. After several days (or, certainly, weeks) of unresponsiveness, it takes considerable time to update ourselves on the status and progress of your project, and shift other clients around so that everyone continues on schedule. Prolonging a project also increases overhead.
We’re honored you’ve chosen to work with us, and we take our commitment to you very seriously. So, among other things, the resumption fee helps recoup a small bit of the investment we make to re-queue your project so it doesn’t fall too far behind after you’ve returned.
We believe that 14 days, even for busy company owners, is a considerably generous amount of time to have to reply regarding an active business deal and/or personal development commitment.
Even still, we understand that emergencies happen. If more time is needed, please say so in writing before expiration of the 14 days. But note that an update (without providing the deliverables) may not always waive the resumption fee. We will respond with written confirmation or approval if it does waive a pending resumption fee.
Similarly, any monies paid to us will not be refunded if your program or plan are deemed abandoned. Any program is deemed abandoned and fully nonrefundable if we have not received any update, communication, or response from you about the project within 45 days of our last mutual communication. Therefore, we mutually agree to adhere to deadlines and schedules.
In short, let’s just not leave each other hanging!
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way, we will endeavor to meet all the deadlines set. But we can’t be responsible for a missed date or deadline if you have been late in supplying materials, responses, feedback, or have not approved or signed off our work, on time, at any stage.
Please know that we do not work on weekends or holidays. While some of our team may keep unusual hours and you may hear from us outside of these times, for non-emergencies, please only expect to reach or hear from us between business hours of 9AM to 6PM, Monday thru Friday, Eastern Standard Time.
Communication between you and us will take place in digital form, and will be billed at the hourly project rate if and when it’s not included in your service. (Ex: If email support is included in your Plan, it would not be billed unless you go over the amount included.)
Digital form includes, but is not limited to, direct email, Google Hangouts, Zoom, Skype, messages via project management tool, customer support center, or membership area, audio messages, etc., as you and we mutually deem most convenient and timely.
At this time, telephone support is provided for sales questions and planning/strategy sessions. Brief plan or billing updates may be made by phone, but this is at our sole discretion. To keep costs reasonable and our level of service high, in-project communication is provided in the above digital forms only.
When calls do take place, you agree that we may record them to add to the Client/Company record of communication. These may be entered into your project file, so that we start out, and remain, on the same page during our provision of services for you. Please see “Recording, Notes, Privacy Protection, & Anonymity” for more info.
Telephone support, video or in-person meetings, video or in-person training, conferences, and any other form of coming together to communicate about matters related to this Agreement or your Plan are all billed in increments of the most relevant hourly service rate, particularly when they exceed the time scheduled for your appointment by more than 15 minutes. Please see “Time Overages” for more information.
Program Access & Use
It’s important to allow you the time you need to move through our programs at a relaxed, yet committed pace. For that reason, the time you have access to any program is typically double the amount of time that program is designed to take. (Ex: You’ll typically be able to complete an 8-week program in 16 weeks.)
We don’t offer lifetime access to our coaching programs for two reasons:
1) The research backing our work changes often. We wouldn’t want you to rely on outdated research from a program that is no longer up-to-date.
2) We don’t want to subconsciously remove the urgency from your desire to heal and grow. If you know you have a limited amount of time to complete the work, you’re more likely to complete it at a steady pace.
Our Best Efforts, without Guarantees of Results
At all times, we agree to do our absolute best to help you with the matters you’ve hired us for. This includes offering well-researched tools, strategies, and powerful questions, to name a few. That said, we are humans after all. And we cannot guarantee the absolute validity of every single thing we offer to help. Please use personal discernment to decide whether to follow our recommendations, advice, or use our offerings.
We also cannot guarantee that you’ll get any particular desired result, or any result at all. We cannot control your behavior, thoughts, feelings, or actions, and the state of these are very important to creating the outcomes you expect.
While we’ll do our level best to guide you on the path we believe is most optimal to help you achieve your stated goals the fastest, you agree not to hold us liable if you do not meet those goals.
Payments, Estimates, Fees, and Specials
In order to remain competitive and profitable, and provide the highest quality service to clients, please note that our offerings are subject to change in price at any time. Quotes are subject to change without notice. You can expect that any price quote, service rate, special, or payment plan offered is typically valid for 48 hours following the initial offering of the quote, deal, rate, or plan, even if not expressly stated. Exceptions may be made on a case-by-case basis by the owner, Harmony Major, but are not guaranteed.
Special rates offered by phone during the initial alignment call are usually only valid until the end of the call.
Specials offered at the end of workshops are typically limited to a certain set number of “early bird” respondents.
Specials may be discontinued at any time, even if there was no expiration date stated. Please know that we’re under no obligation to uphold a previous special you may have heard about in the past, even if you heard it directly from us.
As ours is a service-based business, we do not offer refunds, in whole or in part, for the services we provide.
Payment Schedule for Services
We are sure you understand how important it is, as a small company, that invoices are paid promptly. Most all payments and invoices are due in full before services are rendered. At times, we may be able to start your Plan for an initial deposit, equivalent to a percentage of the project rate. In this case, it would be due before services begin.
As we’re sure you’ll want to stay friends, you also agree to stick tightly to the following payment schedule for the remainder of our Agreement together:
- Payment is due before services are rendered.
- All invoices are due no later than 7 days after the invoice date. All payments must be made in U.S. funds, please, and submitted promptly. As a courtesy and only if needed, you may make full or partial payments up until the 7th day, so long as payment is received, in full, no more than 7 calendar days from the date of the invoice.
- On the 14th day following the invoice date, any and all previously applied concessions, credits, and discounts may become nullified, all prev