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Terms & Conditions

Effective Date: October 2022

Definitions

I provide support to business owners and other leaders in a variety of ways in our Products & Services:

  • Speaking and training involves working with Users in a group or self-paced setting to:

    • Inspire them to live and work in full alignment while making their income needs

    • Provide them with tools and resources to fully integrate work and life


Advisory Services involve working directly with the CEO or founder of a business to identify how to launch and sustain a high-impact, profitable business, offering, or transition. The deliverables may include business plans, preliminary financial models, strategic plans, organization design, and hiring plans.

Fees & Payment Terms

I engage in several types of fee arrangements. If you pay via invoice, the invoice will outline any specific Terms & Conditions of Purchase you are accepting:

  • One-Time Fees: For Products & Services delivered as a one-time effort. Examples of this would be single appointment bookings. Payment is due before the service is provided unless otherwise noted.

  • Expenses: If expenses are required, they will be pre-approved, and the Client will reimburse the Consultant for the actual amount of the expense. I reserve the right to charge a service fee of 3.5%.

  • Session Cancellations and Reschedules: Speaking engagements and full-day sessions are reserved for use from other clients, therefore, cancellation fees will be applied based on the amount of time that remains between the date of cancellation and the scheduled date of the event:

    • Greater than 90 days prior to the event: 0% cancelation fee except for already incurred expenses which will be billed at the time of cancellation.

    • 61 to 90 days prior to the event: 25% of the fee plus any incurred expenses

    • 31 to 60 days before the event: 50% of the fee plus any incurred expenses

    • Less than 30 days before the event: 100% of the fee plus any incurred expenses.

 

Payment terms are provided on each invoice. If no payment terms are provided or are unclear, then payment is required before Products are accessed, or Services are rendered.

User's Responsibilities

As a User of my Products & Services, you understand and agree to the following:

  • Results are not guaranteed. There are a variety of factors such as industry, market, economic conditions; and your skills, abilities, and delivery that influence results in your business.

  • Your commitment to results is necessary for your success

  • You will seek independent professional guidance for legal, medical, financial, or psychiatric matters when appropriate


If you choose to purchase Services from me, you commit to:

  • Provide all materials and access needed to complete any work agreed upon

  • Openly communicate with the Consultant to ensure the strongest partnership with the Consultant and the greatest chance for achieving your goals

  • Respond in a reasonable timeframe to all communications and requests for information and notify me if delays are expected

Consultant Responsibilities

As a Consultant, if you purchase Services from me, I commit to:

  • Completing work efficiently as agreed upon

  • Communicating expectations around timeline, costs, and any issues encountered

  • Engaging openly in feedback with the Client to ensure issues are understood

  • Responding in a reasonable time frame on communications via all channels and will communicate when unavailable or if delays should be expected

Qualifications

The Consultant has an extensive background as a generalist in business and as a result can help advise and create materials to help in the running of your business. However, the Consultant is not a lawyer, CPA, therapist, Doctor, or qualified professional in all areas involved in your business, industry, or personal goals. The work and advice covered under this Agreement and provided by Jenny Lynne LLC is not a substitute for professional advice by legal, medical, financial, spiritual, or other qualified professionals.

Ownership

All materials prepared by The Consultant shall be the property of The Consultant unless the assignment is granted to the Client. Any specific assignment will be documented in writing to the Client when the materials are provided. If the Client is assigned ownership rights then they also have complete rights to modify and use as they see fit.

Confidentiality

Neither party may use, disclose, sell, license, publish, reproduce, or otherwise make available the Confidential Information of the other party to any unauthorized third party. Each party will secure and protect the disclosing party’s Confidential Information in a manner consistent with the manner in which the receiving party secures and protects their own Confidential Information, and at least using reasonable care. “Confidential Information” means all non-public information delivered by one party to the other, which information is marked as “confidential,” “proprietary,” or with other words of similar import. “Confidential Information” shall not include information that: (i) was known to the receiving party without an obligation of confidentiality; (ii) is or becomes generally known to the public through no act or omission of the receiving party; or (iii) was disclosed to the receiving party by a third party without an obligation of confidentiality.

 

This Section shall survive the termination of this Agreement.

By accepting this agreement, you understand the following situations are considered acceptable sharing of information:

  • The Consultant may list the Client as a Client on their website, social media, and/or printed materials

  • The Consultant may anonymously share quotes and stories for marketing purposes

  • If the Consultant wants to attribute quotes to you, you will be asked to approve them in advance unless posted publicly on a website, review, or social media platform

  • The Consultant may share hypothetical or anonymous situations with others for the purposes of training and consultation

Independent Contractor Status

If you purchase Products & Services from Jenny Lynne, the Consultant and Client are independent contractors of one another and neither party’s employees will be considered employees of the other party for any purpose.  This Agreement does not create a joint venture or partnership, and neither party has the authority to bind the other to any third party.  Consultant is solely responsible for all taxes, including but not limited to, income, sales, use and any other taxes arising from or due in connection with Consultant’s services under this Agreement.

Limited Liability

Except as expressly provided in this Agreement, the Consultant makes no guarantees, representations, or warranties of any kind or nature, express or implied, with respect to the consulting services negotiated, agreed upon, and rendered. In no event shall the Consultant be liable to the Client for any indirect, consequential, or special damages. Notwithstanding any damages that the Client may incur, the Consultant’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Consultant under this Agreement for all coaching services rendered through and including the termination date.

Indemnification

The Client hereby assumes the entire responsibility and liability for any and all damage or injury of any kind or nature to all persons, whether employees or otherwise, and to all property, relating to or resulting from the Client’s performance under this agreement.  The Client releases and holds the Consultant harmless from and against all such responsibility and liability.

Severability

In the event any part of this agreement is found to be unenforceable the Client and the Consultant agree that the unenforceable part of the agreement shall be modified by the court to make it enforceable to the maximum extent possible. If the part cannot be modified, that part may be severed, and the other parts of the agreement shall remain enforceable.

Governing Law

This agreement will be governed, construed, and enforced in accordance with the laws of the State of Arizona, without regard to its conflict of laws rules.

Miscellaneous

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. The rights and obligations of the Consultant under this agreement shall inure to the benefit of the successors and assigns of the Consultant.  The rights and obligations of the Client shall not be assignable to others.

Jenny Lynne (“I,” “my,” “me,” and “Consultant”) welcomes you. I invite you to engage in a variety of content and activities (“Products & Services”) I offer both on the internet on a variety of platforms via conference calls, email, phone, and in-person engagement. Some of these Products & Services are offered free of charge, while others require payment.

I provide users access to Products & Services (“Users” and “Clients”) subject to the following Terms of Use, which may be updated from time to time without notice to you. By engaging our Products & Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and the Privacy Policy, which is hereby incorporated by reference (collectively, this “Agreement”). If you disagree with any of these terms, please do not engage with my Products & Services. Any user who wishes to purchase my Products & Services is agreeing to the terms of this Agreement and the accompanying Terms & Conditions of Purchase with respect to such Product or Service. In the event of any conflict between the terms of this Agreement and the Terms & Conditions of Purchase, the Terms & Conditions of Purchase shall control.

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