By scheduling an appointment with Ann Marie van den Hurk and Mind The Gap Public Relations LLC, dba as Mind The Gap Cyber (“Consultant”), you (“Client”) agree that the Consultant will provide services to the Client as outlined below. The Parties agree that the Agreement shall be governed by and interpreted under the laws of the state of California.
1. Service Structure of the Program or Project
Individual Sessions or Series of Sessions Program (“Program”) Each session scheduled will be a Private 1-hour session between Consultant and Client.
Project (“Project’). Project timeline is determined between Client and Consultant.
2. Payment Structure
All Payments are non-refundable.
The Client acknowledges that they may terminate or discontinue the consulting relationship with 30 days notice and that consulting fees already paid by the Client are non-refundable.
4. Method of Communication
The Parties agree that sessions will occur either by phone call or via online conference call, such as Zoom unless otherwise agreed upon by both Parties.
5. Limitations of Consulting
The Client understands that the Consultant is not a legal, financial, or tax professional. The Client acknowledges that a consult is not to be used as a substitute for professional advice by legal, financial, tax, medical, or other qualified professionals. The Client agrees to seek independent professional guidance for legal, financial, tax, medical, mental health, or other matters.
If the Client feels the need for professional advice or counseling, it is the Client’s responsibility to seek a licensed professional or therapist. The Consultant may make recommendations to outside resources that are not covered in this agreement. It is up to the Client to research and determine their own use or non-use of the recommended outside resources.
The Client may complete the pre-session online form to send questions to the Consultant to be discussed at the next session.
The Client gives consent to using online cloud-based documents, online storage, text, emails, or any other online software to sometimes transmit possible sensitive information. The Client acknowledges the risks involved and waives any rights against the Consultant for errors or issues arising from these transmissions. No sensitive (password, credit card, login, etc.) information should be shared in any online system, form, text, or email.
Questions relating to the Program, the Company, billing, or other administrative concerns are to be directed to the contact information listed below.
The Client understands that the Consultant will communicate with honesty and straightforwardness, including asking powerful questions, making requests, and suggesting action steps. The consultant’s only objective is to serve the Client, not to maintain the status quo. The Client understands that honesty is an important part of the consulting process.
The Consultant will provide tools, resources, meditations, and home practice as needed to support the Client’s continued growth between sessions.
The Client understands that an open line of communication and transparency is critical in this process in order for the Consultant to effectively provide services to the Client under this Agreement.
Throughout the working relationship, the Consultant will engage in direct and personal conversations. The conversations are two-way streets (mutual and reciprocal.) If at any time the Client believes that the Consultant or the Program is not working as desired, the Client will communicate that belief and take action to return the power to the consulting relationship by initiating a professional and respectful conversation no later than the start of the next session scheduled.
8. Results and Guarantees
Results of the Program can and do vary. The Consultant makes no guarantees. Any testimonials and examples used do not guarantee that anyone will achieve the same or similar results. The Client’s success depends on many factors, including but not limited to, their background, dedication, desire, motivation, openness, willingness, and ability to implement, understand and utilize processes and tools provided.
9. Missed Sessions
The Client agrees to cancel and reschedule their booked session at least 24 hours in advance if an unavoidable schedule conflict arises. The exception would be family or medical emergencies. If sessions are repeatedly canceled within 24 hours of the session, the canceled session will be considered used by the Client.
The Client’s image and specific personal information discussed or provided during sessions will be kept strictly confidential unless the Client gives explicit written approval, except as required by law.
The Client acknowledges that the Company does have permission to reference general information anonymously from conversations for consulting, training, or marketing purposes so long as no information is given that would reveal the identity of the Client unless the Client specifically agrees to it.
11. Intellectual Property
The Client agrees that all tools, processes, audio or video training, and documents provided by the Consultant are the intellectual property of the Consultant. The Client agrees not to share these resources in any manner with any other parties.
12. Audio and Video Recording
Under Rhode Island state law, parties must consent to any voice or video recording. The Consultant generally does not record sessions. However, should the Client wish that a session be recorded, the Client may make that request, and the Consultant will accommodate the request if and where possible.
The Client acknowledges that this is for the Client’s own personal review and cannot be used for any other purposes. Consultant agrees that the recordings will not be used for any public purpose unless Client gives explicit written approval.
Both parties agree that these recordings are strictly confidential and may not be used in any manner during or after for litigation purposes.
13. Payments, Chargebacks, or Disputes
By setting the appointment, the Client acknowledges and affirms that:
- No Significant Financial Burden. Payment for this Program will not place a significant financial burden on the Client or the Client’s family.
- Non-Refundable. Consulting fees already paid by the Client are non-refundable.
- Program Investment Responsibility. The Client understands that they are responsible for the entire Program Investment to the Company regardless of the Client’s level of involvement throughout the course of the Program. All payments under this Agreement must be made as scheduled by the Client to remain in good standing and continue receiving Program components.
- Authorization of Payment. The Client authorizes the Company to charge their credit/debit card, cash their check, or process PayPal transactions for the entire Program Investment as outlined in this agreement.
- Waiver of Right to Chargebacks/Cancelling Credit or Debit card/disputes. Client agrees to waive their right to process chargebacks with their credit/debit card company or cancel their credit/debit card until all payments have been processed to cover the entire Program. The Client agrees that all payments made via a Credit or Debit Card are valid and waives the right to dispute a charge with their financial institution, or ours. Should Client dispute a charge resulting in a chargeback to Company and the holding of funds until the matter is resolved, Client will be responsible for legal fees, overdraft fees, chargeback fees, and any other expenses as a result of this dispute.
14. Legal Disclaimer
A. Client understands that Consultant provides a holistic approach to consulting. As such, the parties may discuss, through the comprehensive process, areas of their life including; work, finances, health, relationships, education, and recreation.
B. Client agrees it is the Client’s responsibility for making their own choices, actions, and therefore all results when incorporating the recommendations into their life.
C. Except as prohibited by law, the Consultant or the Company, shall not be liable to the Client or to any other person or entity for any general, punitive, special, indirect, for consequential or incidental damages, costs, or results arising out of the Consultant’s services, including attorney’s fees and related expenses of litigation, mediation, and arbitration. To the extent there is liability found as to the Consultant, such recovery is limited to the amount the Client paid for services.
D. Client acknowledges that consulting is not to be used as a substitute for any professional advice by legal, financial, tax, counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or any other qualified professionals and does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed.
E. If the Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the consulting relationship agreed upon by the Client and the Consultant.
F. Jurisdiction: The Parties agree that any dispute that may arise as related to this Agreement will be brought to a court within Newport, Rhode Island.
G. No waiver of any default by any party or parties to this Agreement shall be implied from any omission by a Party or Parties to any action on account of such default. If such default persists or is repeated, no express waiver shall affect any default other than the default specified in the express waiver, and for only that time and to the extent therein stated.
H. In the event of a dispute between the Parties, the Parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage or cast in a negative light the other. This non-disparagement provision shall survive the termination or expiration of this Agreement.
I. If any provision of this Agreement shall be declared invalid or unenforceable, such provision shall be deemed eliminated from this Agreement, and all remaining provisions shall continue in full force and effect.
15. Agreeance (in everyday language)
❖All payments are non-refundable.
❖None of the consultant/consulting/advisory discussions constitute legal, financial, tax, medical, therapeutic, or other professional advice.
❖All actions that the Client takes because of the consultant/consulting/advisory discussions are taken voluntarily and because the Client takes them understanding that they are responsible for creating their own results.
❖The Company shall have no liability or responsibility for any actions of the Client taken (or not taken) in connection therewith.
By Scheduling an appointment, I, the Client, understand and agree to the Terms of Service Agreement outlined in this document.
Ann Marie van den Hurk and Mind The Gap Public Relations LLC welcomes your questions or comments regarding the Terms of Service:
Newport, Rhode Island, USA
Email Address: firstname.lastname@example.org
Updated as of November 16, 2021