Terms and Conditions

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1. WORK AND PAYMENT

1.1 Project. The Client is hiring the Consultant to develop a Consultanting relationship between the Client and Consultant in order to cultivate the Client's personal, professional, or business goals and create a plan to achieve those goals through stimulating and creative interactions with the ultimate result of maximizing the Client's personal or professional potential.

1.2 Schedule. The Consultant will begin work on the DATE of the Scheduled Session or one off session (for all Business Scale Roadmap, Clarity Calls, One-On-One Consulting programs, and other products and services with German Business Consulting) and contract obligations will end after the fulfillment date. This Contract can be ended by either Client or Consultant at any time, pursuant to the terms of Section 4, Term and Termination. Calls that fall or are canceled during holidays result in a call credit. If signing up for a monthly membership or mastermind, Contract Length starts on the date of sign ups.

1.3 Payment. The Client will pay the Consultant either a flat fee or choose the payment plan option when the option is given. There are NO refunds on any payments. Payment plans are NOT subscriptions and cannot be terminated until all payments have been made. Failure to pay installments on time will result in lifetime access to program being removed and Client to be immediately removed from program and will be charged a termination fee of 80% of the remaining balance. If Client decides to pay in advance it would be welcomed by Company.

Membership packages can be terminated at any time prior to the next billing date. It is the client's responsibility to access their account and make changes to billing. Cancellations done 24 hours or less before the next billing are not guaranteed. No refunds can be made to payments after they have been made.

1.4 Support. The Consultant will be available based on the terms of the program purchased.

2. DUTIES AND RESPONSIBILITIES OF THE CLIENT AND Consultant.

  • A Consultanting relationship is a partnership between two or more individuals or entities, like a teacher-student or Consultant-athlete relationship. Both the Client and Consultant must uphold their obligations for the relationship to be successful.

  • The Client acknowledges and agrees that Consultanting is a comprehensive process that may explore different areas of the Client's life, including work, finances, health, and relationships.

  • The Client is responsible for implementing the insights and techniques learned from the Consultant.

  • While the Consultant may offer to “do” some projects and tasks with the client, the Consultant is not obligated to do any more than Consultanting and provide feedback. It is the client’s responsibility to execute all action to move their business forward.

3. REPRESENTATIONS.

3.1 Overview. This section contains important promises between the parties.

3.2 Authority To Sign. Each party promises to the other party that it has the authority to enter into this Contract and to perform all of its obligations under this Contract.

3.3 Consultant Has Right To Give Client Work Product. The Consultant promises that it owns the work product, that the Consultant is able to give the work product to the Client, and that no other party will claim that it owns the work product. If the Consultant uses employees or subcontractors, the Consultant also promises that these employees and subcontractors have signed contracts with the Consultant giving the Consultant any rights that the employees or subcontractors have related to the Consultant's background IP and work product.

3.4 Consultant Will Comply With Laws. The Consultant promises that the manner it does this job, its work product, and any background IP it uses comply with applicable U.S. and foreign laws and regulations.

3.5 Work Product Does Not Infringe. The Consultant promises that its work product does not and will not infringe on someone else's intellectual property rights, that the Consultant has the right to let the Client use the background IP, and that this Contract does not and will not violate any contract that the Consultant has entered into or will enter into with someone else.

3.6 Client-Supplied Material Does Not Infringe. If the Client provides the Consultant with material to incorporate into the work product, the Client promises that this material does not infringe on someone else's intellectual property rights.

4. TERM AND TERMINATION.

This Contract is ongoing until it expires per the product or service purchased. The Contract officially ends once that time has passed. There are no refunds after payment has been made. Choosing to terminate the relationship early does not release Client from monthly payments if the monthly payments option was selected at checkout. This is not a subscription. This is a contractual agreement between both parties for a set amount of time.

5. INDEPENDENT CONTRACTOR.

The Client is hiring the Consultant as an independent contractor. The following statements accurately reflect their relationship:

  • The Consultant will use its own equipment, tools, and material to do the work

  • The Client will not control how the job is performed on a day-to-day basis. Rather, the Consultant is responsible for determining when, where, and how it will carry out the work.

  • The Client and the Consultant do not have a partnership or employer-employee relationship.

  • The Consultant cannot enter into contracts, make promises, or act on behalf of the Client.

  • The Consultant is not entitled to the Client's benefits (e.g., group insurance, retirement benefits, retirement plans, vacation days).

  • The Consultant is responsible for its own taxes.

  • The Client will not withhold social security and Medicare taxes or make payments for disability insurance, unemployment insurance, or workers compensation for the Consultant or any of the Consultant's employees or subcontractors.

6. CONFIDENTIAL INFORMATION.

6.1 Overview. This Contract imposes special restrictions on how the Client and the Consultant must handle confidential information. These obligations are explained in this section.

6.2 The Client's Confidential Information. While working for the Client, the Consultant may come across, or be given, Client information that is confidential. This is information like customer lists, business strategies, research & development notes, statistics about a website, and other information that is private. The Consultant promises to treat this information as if it is the Consultant's own confidential information. The Consultant may use this information to do its job under this Contract, but not for anything else. For example, if the Client lets the Consultant use a customer list to send out a newsletter, the Consultant cannot use those email addresses for any other purpose. The one exception to this is if the Client gives the Consultant written permission to use the information for another purpose, the Consultant may use the information for that purpose, as well. When this Contract ends, the Consultant must give back or destroy all confidential information, and confirm that it has done so. The Consultant promises that it will not share confidential information with a third party, unless the Client gives the Consultant written permission first. The Consultant must continue to follow these obligations, even after the Contract ends. The Consultant's responsibilities only stop if the Consultant can show any of the following: (i) that the information was already public when the Consultant came across it; (ii) the information became public after the Consultant came across it, but not because of anything the Consultant did or didn't do; (iii) the Consultant already knew the information when the Consultant came across it and the Consultant didn't have any obligation to keep it secret; (iv) a third party provided the Consultant with the information without requiring that the Consultant keep it a secret; or (v) the Consultant created the information on its own, without using anything belonging to the Client.

6.3 Third-Party Confidential Information. It's possible the Client and the Consultant each have access to confidential information that belongs to third parties. The Client and the Consultant each promise that it will not share with the other party confidential information that belongs to third parties, unless it is allowed to do so. If the Client or the Consultant is allowed to share confidential information with the other party and does so, the sharing party promises to tell the other party in writing of any special restrictions regarding that information.

7. LIMITATION OF LIABILITY.

Neither party is liable for breach-of-contract damages that the breaching party could not reasonably have foreseen when it entered this Contract.

8. GENERAL.

8.1 Assignment​. This Contract applies only to the Client and the Consultant. Neither the Client nor the Consultant can assign its rights or delegate its obligations under this Contract to a third-party (other than by will or intestate), without first receiving the other's written permission.

8.2 Arbitration. As the exclusive means of initiating adversarial proceedings to resolve any dispute arising under this Contract, a party may demand that the dispute be resolved by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. 

8.3 Resolving Disputes. If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Fresno County, CA. Any costs and fees other than attorney fees associated with the mediation will be shared equally by the parties. If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to a mutually agreed-upon arbitrator in Fresno County, CA. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator.

8.4 Modification; Waiver. To change anything in this Contract, the Client and the Consultant must agree to that change in writing and sign a document showing their contract. Neither party can waive its rights under this Contract or release the other party from its obligations under this Contract, unless the waiving party acknowledges it is doing so in writing and signs a document that says so.

8.5 Notices.


(a) Over the course of this Contract, one party may need to send a notice to the other party. For the notice to be valid, it must be in writing and delivered in one of the following ways: personal delivery, email, or certified or registered mail (postage prepaid, return receipt requested). The notice must be delivered to the party's address listed at the end of this Contract or to another address that the party has provided in writing as an appropriate address to receive notice.

(b) The timing of when a notice is received can be very important. To avoid confusion, a valid notice is considered received as follows: (i) if delivered personally, it is considered received immediately; (ii) if delivered by email, it is considered received upon acknowledgement of receipt; (iii) if delivered by registered or certified mail (postage prepaid, return receipt requested), it is considered received upon receipt as indicated by the date on the signed receipt. If a party refuses to accept notice or if notice cannot be delivered because of a change in address for which no notice was given, then it is considered received when the notice is rejected or unable to be delivered. If the notice is received after 5:00pm on a business day at the location specified in the address for that party, or on a day that is not a business day, then the notice is considered received at 9:00am on the next business day.

8.6 Severability. This section deals with what happens if a portion of the Contract is found to be unenforceable. If that's the case, the unenforceable portion will be changed to the minimum extent necessary to make it enforceable, unless that change is not permitted by law, in which case the portion will be disregarded. If any portion of the Contract is changed or disregarded because it is unenforceable, the rest of the Contract is still enforceable.

8.7 Governing Law. The validity, interpretation, construction and performance of this document shall be governed by the laws of the United States of America and more specifically the laws of the State of California.

8.8 Entire Contract. This Contract represents the parties' final and complete understanding of this job and the subject matter discussed in this Contract. This Contract supersedes all other contracts (both written and oral) between the parties.

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