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 previously discounted amount(s) will be reapplied to the invoice unless previous arrangements have been made and approved in writing (fax, email, letter) by us.
- Invoices older than 30 days begin to accrue late fees and interest on the 31st day at the rate of 4% of the current total account/invoice balance. Late fees will continue at the rate of 4% of the most recent account balance every 30 days until the balance is paid.
- Invoice payments should be made via major credit card, debit card, bank account, and/or PayPal. Should alternate “postal mail” payment methods be requested (i.e., cashier’s check or money order), a convenience fee of 7% (but no greater than $30) will apply.
All accounts 90 days or more past due will be turned over to a collection agency on or after the 90th day.
You agree to be responsible for the full payment of your account to us or our assigns. You are also responsible for any and all expenses incurred by us as a result of account status default. These expenses include, but are not limited to, all collection costs, attorney fees, and collection agency fees.
We’re happy to offer payment plan options in some cases, to help make your investment into your personal and professional wellbeing more manageable.
To allow us to run lean as a small growth + healing studio, all recurring payments agreed upon are auto-drafted from your account after payment of your initial invoice.
Offering recurring payments on an automatic withdrawal-only basis allows us to keep our rates competitive. We can then focus our time and energy on helping you directly, or planning for your growth, instead of manually processing payments and sending payment reminders.
After receipt of all deposits and required Client deliverables, we agree to start work on any service you request under this Agreement (“What’s Included”) within 3 business days, unless we specify otherwise to you.
- Maintenance requests, updates, revisions, technical troubleshooting, or any other form of work or support are classified as “Rush” projects when you expressly request “ASAP” (or similarly termed) delivery, and we agree to attempt this accelerated delivery.
- Requests are also classified as “Rush Service” when you ask that work begin, or be completed, any sooner than 7 calendar days from your initial request date, OR any sooner than 3 calendar days from the date we have advised you that work can begin, AND we have agreed to this accelerated pace.
- Your project is upgraded to a “Rush Project” when you expressly request that website completion be moved three or more days ahead of our already established and agreed-upon development deadline, and we begin to effectuate this accelerated delivery.
Because we must re-prioritize other client deadlines, delegate to team members and partner vendors, and otherwise go outside our normal scope of work to accommodate rush delivery, rush requests are billed at the rate of double your project/service/session rate.
Costs related to the hiring of vendors outside of our team are not generally covered nor included under the hourly rush rate, unless outlined to you in writing (i.e., in the proposal) beforehand.
Changes and Revisions
We spend a considerable amount of time with you both before and after crafting your Plan to ensure that we understand your needs and goals. We also strongly encourage questions and feedback as we go along.
Changes made after initially agreeing upon your Plan usually mean that we are materially changing its scope. This may extend the expected completion date for your Plan, and may also necessitate your either being billed the hourly rate listed previously or a flat rate, to be calculated into your invoice as an update to your Plan total.
In some cases however, to protect your estimated completion date, we will recommend against making changes to the initial Plan, suggesting instead that you save such modifications for a Phase II, to be started once your initial plan, as described in the original crafted outline, is complete.
Along the way, we will generally ask you to put requests in writing, so that we can all easily keep track of changes and project specifications.
Technical Support and Training
No direct, one-to-one training or technical support is included in your service beyond any help required to ensure you can access a service you’ve paid for.
For instance, of course we’ll help ensure you can download a file from our site. But we can’t promise to teach you to organize it into folders on your device, transfer it to another device you personally use for travel, etc. For these cases, Google is our friend. :}
We will always attempt to provide you access to any online documentation, help files, and/or manuals that we have or know of, which may be needed and are imperative to the efficient operation of any technology we’re using to deliver your Plan. With that being said, please understand that there are hundreds of brands of Internet-ready devices out there, and there’s just no way we can help troubleshoot for all of them.
Of course, we WILL do our absolute best in the limited time that we have to help you access your course content and use your Plan services. But unless there is a technical error that also hinders access for other users, or is definitely a problem on our end, please understand that we can’t really be expected to help fix it.
Support services outside of what’s included in your Plan are billed at the most relevant standard hourly rate. This includes video tutorials, live walkthroughs, or other support offered that is not expressly included within your Plan.
Recording, Notes, Privacy Protection, & Anonymity
In accordance with North Carolina law and the Communication section of this Agreement, all calls (audio and video) to and from our offices may be recorded for quality control purposes. We generally remind you of this and re-request your permission in-session, at the very beginning of our work together.
We understand the highly confidential nature of our work together. Please know that we use the highest practical level of server and email security—firewalls, hacking protection, SSL, TLS, HTTPS, etc., as appropriate for the situation—as well as device security—firewalls, antimalware, antispyware, etc.—to protect your information, and that sensitive information is not distributed outside of our organization for any reason, except where demanded by law (i.e., subpoena).
These records are not used for any purpose except internal notes and research, and we are very selective even as to what team members have access to what information.
In general, session records are not shared with or accessible by any party other than Harmony Major (and the team member conducting the session, if not Ms. Major).
In the same vein, you either agree not to record our calls, OR if you choose to record, you agree to alert us of the recording beforehand. We don’t consent and strongly object to being recorded without our knowledge.
Just as we agree to do for you, you also agree not to share or release contents of the recording with any party that was not included on the call, unless the information is subpoenaed by a court of law.
Our proprietary processes, and also our privacy, is very important to us as well. It’s important that we protect one another equally.
There are stated expected durations for most every calendared meeting we hold with you. For scheduled meetings, there is often a lot to cover that’s very important to your progress and growth. We do our absolute best to move sessions along in a timely way without causing a state of rush, stress, or overwhelm for you.
At times, sessions may go over scheduled time, as we seek to avoid ending abruptly in inappropriate moments. In these situations, the first 15-minute session overage is typically covered by us, for free, in that session.
We share this verbally and directly in session whenever we’re choosing to cover your extra session time.
Please understand that our time is the way we make our money in most cases. So the time we invest that wasn’t planned or accounted for directly impacts our ability to offer supportive, caring, focused service for each client, and remain efficient.
For this reason, unless Energetic Harmony has expressly and specifically stated otherwise during the session, time exceeding our scheduled session duration is automatically billed, in quarter-hour increments, to your payment method on file.
As we offer a number of different services, the billing amount corresponds to the session or service rate on your most recent invoice. (For coaching packages and select other services, your per-session rate is shown on your initial invoice. If there’s no per-session rate specified, time overages are billed at your hourly service rate in quarter-hour increments, at a rate not less than $30 per quarter-hour.)
Invoices for the most recent session overage(s) are charged to your payment method on file, typically no less than 24 hours after the session. If no payment method is on file, the invoice will become due before our next scheduled session together.
If our meeting runs over by 20 minutes—and we state that session’s first quarter-hour is on the house—an invoice of ~$30 of additional time together is charged within 24 hours, and/or before our next scheduled session. (The first quarter-hour is covered free, by Energetic Harmony. Because the second quarter-hour has been entered, it will be automatically billed.)
If our meeting runs over by 45 minutes—and we state that session’s first quarter-hour is on the house—an invoice of $60 (for ex.) of additional time together is charged within 24 hours, and/or before our next scheduled session. (The first quarter-hour is covered free, by Energetic Harmony. Because two additional quarter-hours have been used, they will be automatically billed.)
If our meeting runs over by 25 minutes—and we DON’T state anything about covering that session’s first quarter-hour overage—an invoice of $60 (for ex.) of additional time together is charged within 24 hours, and/or before our next scheduled session. (Because we didn’t expressly state it, the first quarter-hour is NOT covered by Energetic Harmony. Both quarter-hours entered/used will be automatically billed.)
And so on.
Please help us maintain timely, supportive, and caring service by helping keep a watch on your personal contribution as we move through our sessions together.
Company as Independent Contractor
Growth + Healing Studio, Energetic Harmony℠, is a third-party vendor, and neither the Company nor its team are or shall be deemed your employee(s). In our capacity as third-party vendor, we agree and represent, and you agree, as follows:
(a) We have the right to perform services for others during the term of this Agreement, subject to noncompetition provisions set out in this Agreement, if any.
(b) We have the sole right to control and direct the means, manner, and method by which the services required by this Agreement will be performed.
(c) We have the right to perform the services required by this Agreement at any place or location, and at such times as we determine.
(d) The services required by this Agreement shall be performed by us, our team (if any), or our staff, and you shall not be required to hire, supervise, nor pay any assistants to help us provide the services agreed upon and/or outlined here.
(e) We are responsible for paying all ordinary and necessary expenses of our team.
(f) Neither myself nor my team shall receive any training from you on the professional skills necessary to perform the services required by this Agreement.
(g) Neither myself nor my team shall be required to devote full-time to the performance of the services required by this Agreement.
(h) You shall not provide insurance coverage of any kind for us or our team.
(i) You shall not withhold from our compensation any amount that would normally be withheld from an employee’s pay.
Non-Solicitation of Company-Sought Vendors or Team Members
You agree not to knowingly hire or solicit any of our team members or partner vendors during the performance of our services under this Agreement, nor for a period of two years after termination of this Agreement, without our express written consent.
When we receive your final payment for certain services, copyright is automatically assigned as follows:
- You own text content, photographs, and other data you have provided, unless someone else owns them.
- We love to show off our work and share with other people how we have helped our clients. So we also reserve the right to display any testimonials you send us on our websites, social profiles, other websites, magazine articles, books, et al. (Note: We would never intentionally publish words you’ve shared with us confidentially without your express consent.)
Keeping Secrets a.k.a. Confidentiality
Each party acknowledge that, in connection with this Agreement, it may receive certain confidential or proprietary technical and business information and materials of the other party, including, without limitation, preliminary works (“confidential information”).
Each party, its agents and employees shall hold and maintain in strict confidence all confidential information, shall not disclose confidential information to any third party, and shall not use any confidential information except as may be necessary to perform its obligations under the proposal, except as may be required by a court or governmental authority.
Notwithstanding the foregoing, confidential information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of confidentiality.
Limitation of Liability
Our services and work product are sold “as is” in all circumstances. In no event shall we be liable for any lost data or content, lost profits, business interruption, lost time, unwanted health changes, or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services we provide, even if we have been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
Term and Termination
No one enjoys a break-up; however, sometimes they are necessary to maintain order and the greater cause. As such,
This Agreement may be terminated at any time by either party, effective immediately upon notice, or the mutual Agreement of the parties, or if any party:
(a) becomes insolvent, files a petition in bankruptcy, makes an assignment for the benefit of its creditors; or
(b) breaches any of its material responsibilities or obligations under this Agreement, which breach is not remedied within 10 days from receipt of written notice of such breach.
In the event of termination, we shall be compensated for the services we’ve performed through the date of termination, in the amount of (a) any advance payment, (b) a prorated portion of the fees due, or (c) hourly fees for work we or our agents have performed as of the date of termination, whichever is greater; and client shall pay all expenses, fees, and out-of-pockets, together with any additional costs incurred through and up to the date of cancellation.
In the event that you terminate our Agreement, once you fully compensate us as above, we agree to grant you full copyright and usage rights to all work we delivered before your termination date.
Upon expiration or termination of this Agreement: (a) each party shall return, or at the disclosing party’s request, destroy the confidential information of the other party, and (b) other than as provided herein, all rights and obligations of each party under this Agreement, exclusive of the services, shall survive.
We can’t guarantee that our work and suggestions will always be error-free. We cannot be blamed or held liable for any inconveniences or costs incurred related to your business or personal well-being. Therefore, we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential, or special damages arising out of the operation of, or inability to, lack of desire to, or unwillingness to operate, your website, your business, or professionally or personally as a whole, even if you have advised us of the possibilities of such damages.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
WE WILL USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT WE DESIGN ALL FINAL DELIVERABLES TO COMPLY WITH THE KNOWN RELEVANT RULES AND REGULATIONS. YOU, UPON ACCEPTANCE OF THE DELIVERABLES, SHALL BE RESPONSIBLE FOR CONFORMANCE WITH ALL LAWS RELATING TO THE TRANSFER OF SOFTWARE AND TECHNOLOGY.
Last Updated Date: 12/31/2021