The following terms and conditions apply to the services provided by Bold Moves, LLC (the “Company”), and invoices and payments for such services:

1. Nature of Services. Client acknowledges that the Company and its coaches are not providing any diagnosis or treatment of mental disorders and that the coaching services provided are not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. The Company and its coaches are not acting as mental health counsellors or medical professionals.

2. Confidentiality. Regardless of the source of payment for the Company’s services, the relationship created by the Consulting Agreement is between the Client and the Company. The Client and the Company mutually recognize that the Client may discuss future plans, business affairs, customer lists, financial information, job information, goals, personal information, and other private information with the Company and the coaches. The Company and coaches will keep all discussions and information shared by the Client confidential and will not disclose that information to third parties, including but not limited to the Client’s employer or any other source of payment for the Company’s services. The Client’s employer acknowledges and agrees to be bound by these terms and conditions, will not request that the Company or the coaches disclose any discussions or information shared by the Client with the Company and will not withhold payment for any services based on any refusal to disclose such information by the Company or coaches. Notwithstanding the above provisions regarding confidentiality, the Company may disclose information where it is obligated to do so by law or Court Order or when, in the sole discretion of the Company, disclosure is necessary to prevent harm to the Client or someone else.

3. Invoices. Invoices for services provided are due and payable within 30 days of the date of the invoice. Advance payments for future coaching services received from Client or Client’s Employers are non-refundable and Client shall be entitled to use all sessions paid for, whether or not Client continues to be employed by the payor at the time the services are rendered.

4. No Representations or Warranties. Client and Client’s employer acknowledge that they have not been induced to purchase any services from the Company by any representation or warranty not expressly set forth in these Terms and Conditions or the Consulting Agreement.

5. Intellectual Property. The Company owns and retains all right, title and interest in and to any patents, copyrights, mask works, trade secrets, trademarks, service marks, techniques, methods, know-how and other intellectual property rights (collectively the “Intellectual Property”) relating to the services provided. The performance of the services by the Company or its coaches pursuant to the Consulting Agreement does not convey a transfer or license, express or implied, to any of the Company’s Intellectual Property.

6. Amendment. None of these terms and conditions contained herein may be added to, modified, superseded or otherwise altered except by a written document signed by an authorized representative of the Company. Any waiver or failure to enforce any provision herein on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

7. Limitation on Liability. In no event shall the Company be liable for any indirect, special, incidental, consequential, or exemplary damages, even if the Company had notice of the possibility of such damages. In no event will the Company’s liability under this agreement exceed the aggregate amount paid by Client or Client’s employer for the services provided under the Consulting Agreement.

8. Disputes. The Company, the Client and the Client’s employer agree that any controversy, dispute, misunderstanding, or claim arising out of or relating to the Consulting Agreement, the coaching relationship between the Company and the Client, payments to the Company, or these Termes and Conditions shall be submitted to and resolved by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. To the extent the Company, the Client or the Client’s employer seek a judicial relief or remedy for any claims or disputes described herein, they each agree to the exclusive jurisdiction of any state or federal court located within the Commonwealth of Massachusetts. In the event of any dispute or claim, the prevailing party shall be entitled to reasonable costs and fees incurred in prosecuting, defending and/or settling such dispute, including reasonable attorney’s fees.

9. Force Majeure. The Company shall not be deemed to have defaulted or failed to perform its obligations under the Consulting Agreement if the inability to perform or default was the result of an event or events beyond its control and without its fault, including, without limitation, acts of government, governmental restrictions and mandates, pandemic illnesses, embargoes, fire, flood, acts of God or a public enemy, strikes, labor disputes, civil riots or commotions.

10. Notices. Any notice, demand or request required or permitted to be given hereunder may be effected by email or personal delivery in writing.

11. Applicable Law. This Agreement will be governed by, subject to, and construed according to the laws of the Commonwealth of Massachusetts.

12. Incorporation of Terms. These terms and conditions are incorporated by reference in the Consulting Agreement between Company and the Client, and also incorporated by reference in all invoices for services rendered pursuant to the Consulting Agreement.

13. Survival of Terms. These terms and conditions shall survive the termination of the Consulting Agreement or end of the coaching relationship between the Client and the Company.