Consulting Agreement

Consulting Agreement, version 1
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Before making a payment for the consulting services, please review the terms below.

By clicking on the "I Agree" button below the Consulting Agreement and making a payment for the consulting services ("Services"), you ("Client") acknowledge and agree that you have read, understood, and accept to be bound by the terms and conditions of this Agreement. The act of making a payment shall be deemed as your acceptance of this Agreement, and the Agreement shall be effective and binding upon you from the moment of such payment.

Consulting Agreement

This Consulting Agreement (“Agreement”) is between you ("Client") and Acorn Makes, LLC (DBA Acorn Talks) (“Consultant”).

In consideration of the mutual terms, the Client hereby engages the services of the Consultant under the following terms and conditions:

  1. EFFECTIVE DATE. This Agreement shall become effective and binding on the date that the Client completes payment for the Services ("Effective Date"). The Client acknowledges and agrees that by making a payment, they are accepting the terms and conditions of this Agreement as of the Effective Date.
  2. TERM. This Agreement shall commence on the Effective Date and shall continue for a period of 45 days ("Term"). If the Client does not use the Services within the Term, the Agreement will automatically terminate at the end of the Term, and the fees paid by the Client will be forfeited and are non-refundable.
  3. SERVICES PROVIDED. The Consultant agrees to provide the Client services that may include any of the options listed below under Standard Services Available. The services listed in this Agreement are the standard services provided by us. If you, the Client, require services that are not listed in this Agreement, you are required to inquire about the availability and terms of such services before entering into this Agreement. Failure to inquire about unlisted services will not be a valid reason to alter the terms of this Agreement after it has been accepted.
  4. NON-DISCRIMINATION (Consultant). The Consultant agrees to provide the Services without regard to race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, or any other characteristic protected by law. The Consultant is committed to treating all Clients with fairness, respect, and dignity.
  5. NON-DISCRIMATION (Client). The Client agrees to interact with the Consultant without regard to race, color, religion, national origin, sex, sexual orientation, gender identity or expression, age, disability, or any other characteristic protected by law. The Client is expected to treat the Consultant with fairness, respect, and dignity. Any discriminatory behavior by the Client may result in the immediate termination of this Agreement without any refund of fees paid.
  6. CONTIGUOUS TIME. The services are provided as a single block of time and may not be broken into segments or used on multiple days without prior written agreement from the Consultant. The Client agrees that the virtual meetings will take place during weekday hours (Monday through Friday) of 8:00 to 20:00 Eastern Time, United States. Major United States holidays may not be scheduled.
  7. SCHEDULING MEETING. The scheduling of the meeting related to the Services must accommodate the availability of the Consultant. Both parties will make all reasonable efforts to align their schedules and arrange for meetings within the Term of this Agreement. In the event of scheduling conflicts that cannot be resolved within the Term, and if such conflicts result in the Services not being fully delivered by the end of the Term, the Term of this Agreement may be extended once by an additional 30 days. This extension is at the sole discretion of the Consultant and will be communicated to the Client in writing. No refunds will be made beyond this Term.
  8. MEETING RECORDING. If the Client wishes to record the session, they must ask for consent in advance. All recordings must remain confidential. They are not to be provided to third parties or rebroadcast without further explicit permission. This permission extends beyond the normal terms of this contract and is in effect indefinitely. The Consultant may record the meeting for later review. Any recordings will remain strictly confidential, and only disclosed to legal authorities if legally compelled to do so.
  9. MEETING PROMPTNESS. The Client agrees to arrive promptly for the scheduled meeting related to the Services. The meeting will begin at the scheduled start time, regardless of whether the Client is late. The Consultant is committed to managing time effectively and will end the meeting at the scheduled end time, even if the Client was late or if all topics were not covered due to time constraints. The Client acknowledges that effective time management is essential for the provision of the Services and agrees to respect the Consultant's time.
  10. PAYMENT. Full payment is required before work commences. Once payment is made for the Services, it is final and non-refundable under any circumstances. By making a payment, you, the Client, acknowledge and agree that you are forfeiting any rights to a refund, regardless of whether or not the Services are utilized. This no-refund policy is absolute and acknowledges the value of the time and effort expended by the Consultant in preparation for providing the Services and the loss of other consulting opportunties.
  11. VIRTUAL/REMOTE ONLY. All meetings and communication will be virtual for the Term of the consultation. This contract does not apply to any in-person consulting services with the Consultant.
  12. EXPENSES. The Consultant shall be responsible for the payment of all of their own common business expenses during the Term of this Agreement. If Client requires unusual expenses to be incurred (software licenses, etc.), these costs must be negotiated before payment is made to Consultant.
  13. CONFIDENTIALITY. The Consultant agrees that anything that is seen or known during their time under this Agreement shall be kept confidential for a period of 1 year after this Agreement terminates. In the event of a breach of confidentiality, the Client agrees that any claim for damages shall be limited to the amount originally paid for the Services. The Client acknowledges and agrees that this limitation of liability is reasonable in light of the benefits of the Services provided under this Agreement.
  14. FAILURE TO PROVIDE SERVICES. If the Consultant becomes unable to perform the services under this Agreement by reason of "Acts of God", illness, disability or death, the client will be entitled to a refund of the payment if no services were provided.
  15. NON-REFUNDABLE PAYMENT IN CASE OF UNFORESEEN CIRCUMSTANCES. In the event of unforeseen circumstances, including but not limited to illness, incapacity, or death of the Client, the Client or their estate acknowledges and agrees that all payments made for the Services are non-refundable. This clause is subject to any statutory rights the Client or their estate may have under local law.
  16. ASSIGNMENT. Neither party may assign this Agreement without the express written consent of the other party.
  17. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof.
  18. GOVERNING LAW. This Agreement shall be construed in accordance with and governed by the laws of the State of Indiana. The Client agrees that any claim for damages shall be limited to the amount originally paid for the Services. The Client acknowledges and agrees that this limitation of liability is reasonable in light of the benefits of the Services provided under this Agreement.

Standard Services Available

The following is a high-level list of commonly selected services provided during a Consultation. If something isn't listed, please contact me before payment.

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