Service Terms & Conditions

TERMS AND CONDITIONS - Any services not specifically outlined in this Service Description may be subject to additional fees and costs for the time and labor required. Client will consult with Consultant to request services beyond what is outlined herein. Consultant will advise Client if project is falling out of Service Scope.

COMPENSATION SCHEDULE - In consideration for the Services to be performed by Consultant, Client agrees to pay Consultant a fee of $300 per session (hereinafter, “Consultant’s Fee”). Payment of fee is due at time of booking and is non-refundable.

PAYMENT -In the event of non-payment, or a failure to pay the balance when due, Consultant reserve the right to pursue any and all legal remedies necessary to secure payment under the Agreement. This includes the right to refer such matter to a collection agency and other remedies as available pursuant to Texas law. Client will be held responsible for any and all legal fees and costs incurred by Boss Level Engaged in collecting under the Agreement. If your credit card fails to process, you will be charged a $20 administration fee.

RESCHEDULING - Client is allowed to reschedule their appointment or call once but must provide Consultant with 24-hour notice to reschedule. If Client fails to give 24-hour notice for any appointment or call you need to reschedule, Client will be charged a $25 administration fee.

MISSING APPOINTMENT - If Client misses scheduled appointments or calls completely (the original and the rescheduled appointment or call), this Agreement will be terminated by Consultant and any payments made will not be refunded. 

INDEPENDENT CONTRACTOR - It is expressly agreed that the Consultant is acting as an independent contractor and not as Client’s employee. The Consultant and Client acknowledge this Agreement does not create a partnership or joint venture between them. Consultant will not enter into any contracts on behalf of Client. Consultant understands that Client will not obtain worker’s compensation insurance, make state or federal unemployment compensation payments, or provide any insurance coverage of any kind for the benefit of Consultant or Consultant’s Personnel.

PERSONNEL - Consultant may hire, engage and/or use employees, third-party consultants or other service providers as independent contractors in connection with performing the Services (hereinafter, “Consultant’s Personnel”). Consultant is responsible for training, directing the work, and compensating Consultant’s Personnel. Consultant’s Personnel are not Client’s employees and Client assumes no responsibility for hiring, training, or compensating them. Consultant is fully responsible for ensuring Consultant’s Personnel comply with the terms and conditions of this Agreement.

TAXES  - Consultant is responsible for all taxes arising from compensation and other amounts paid under this Agreement and is responsible for all payroll taxes and fringe benefits of Consultant’s Personnel, if any. Neither federal, nor state, nor local income tax, nor payroll tax of any kind, shall be withheld or paid by the Client on behalf of Consultant or Consultant’s Personnel. Consultant shall, when requested by the Client, properly document to the Client that any and all federal and state taxes have been paid.

CONFIDENTIALITY - Each party acknowledges that in connection with this Agreement it may receive certain confidential or proprietary technical and business information and material of the other party (hereinafter, “Confidential Information.”) Each party, its agents, personnel and employees shall hold and maintain in strict confidence all Confidential Information, shall not disclose Confidential Information to any third party, and shall not use any Confidential Information except as may be necessary to perform its obligations under the Agreement or may be required by a court or governmental authority. A party will not be restricted in using Confidential Information that is publicly available, becomes publicly known through no fault of the receiving party, or is otherwise received from a third party without an obligation of confidentiality.  Upon termination of this Agreement, the receiving party will return the Confidential Information and materials to the disclosing party.

CONSULTANT’S MATERIALS - Client understands that Consultant has developed certain tools, routines, techniques, programs, data and materials prior to the commencement of this Agreement, (hereinafter, “Consultant’s Materials). Consultant may rely upon, utilize, and include Consultant’s Materials in the Services performed under this Agreement. Consultant retains all rights, title, and interest, including all copyrights, patent rights, and trade secret rights in Consultant’s Materials.

INTELLECTUAL PROPERTY - During the course of performing the Services, Consultant, Consultant’s Personnel, or other representatives may, independently or in conjunction with Client, develop information, materials, results, systems, and programs (hereinafter, collectively referred to as “Work Product”).

Consultant hereby assigns, and agrees to assign, to Client all right, title and interest in and to Work Product, including but not limited to copyright, all rights subsumed thereunder, and all other intellectual property rights, including all extensions and renewals thereof. Consultant further agrees to provide all assistance reasonably requested by Client, both during and subsequent to the Term of this Agreement, in the establishment, preservation and enforcement of Client's rights in the Work Product. Upon the termination of this Agreement, Consultant agrees to deliver promptly to Client all printed, electronic, audio-visual, and other tangible manifestations of the Work Product, including all originals and copies thereof.

Consultant also agrees to waive any and all moral rights relating to the Work Product, including but not limited to, any and all rights of identification of authorship and any and all rights of approval, restriction or limitation on use, and subsequent modifications.

LIMITATION OF LIABILITY - IN RECOGNITION OF THE RELATIVE RISKS AND BENEFITS OF THIS AGREEMENT TO BOTH THE CLIENT AND THE CONSULTATN, THE RISKS HAVE BEEN ALLOCATED SUCH THAT THE PARTIES AGREE TO LIMIT THE LIABILITY OF EITHER PARTY TO THE OTHER FOR ANY TYPE OF DAMAGES TO THE AMOUNT OF CONSULTANT'S TOTAL FEES UNDER THIS AGREEMENT. IT IS INTENDED THAT THIS LIMITATION APPLY TO ANY AND ALL LIABILITY OR CAUSE OF ACTION HOWEVER ALLEGED OR ARISING, UNLESS OTHERWISE PROHIBITED BY LAW.

HOWEVER, EACH PARTY WILL REMAIN LIABLE FOR BODILY INJURY OR PERSONAL PROPERTY DAMAGE RESULTING FROM GROSSLY NEGLIGENT OR WILLFUL ACTIONS OF THE PARTIES.

REPRESENTATIONS AND WARRANTIES - Consultant warrants that:

Authority. Consultant has the full right to allow it to provide the Client with the assignments and rights provided for herein.

Performance. The Services will be performed in a professional and workmanlike manner and that none of such Services or any part of this Agreement is or will be inconsistent with any obligation Consultant may have to others.

Business Permits, Certificates, and Licenses: Consultant has complied with all federal, state, and local laws requiring business permits, certificates, and licenses required to carry out the services to be performed under this Agreement.

Original. All work under this Agreement shall be Consultant's original work and none of the Services, intellectual property, or any development, use, production, distribution or exploitation thereof will infringe, misappropriate or violate any intellectual property or other right of any person or entity.

DISPUTE RESOLUTION - If a dispute arises under this Agreement, any party may take the matter to court. If any court action is necessary to enforce this Agreement, the prevailing party will be entitled to reasonable attorney fees, costs, and expenses in addition to any other relief to which the party may be entitled.

NOTICES - All notices, requests, claims, demands and other communications between the parties shall be in writing. All notices shall be given (a) by delivery in person, (b) by a nationally recognized next day courier service, or (c) by first class, registered or certified mail, postage prepaid, to the address of the party specified in this Agreement or such other address as either party may specify in writing. Such notice shall be effective upon (a) the receipt by the party to which notice is given, or (b) on the third day following mailing, whichever occurs first. Notice may also be given by facsimile or electronic mail. Such notices shall be effective upon receipt of a written acknowledgement by the party to which notice is given.

ENTIRE AGREEMENT - This Agreement (including attachments) contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.

AMENDMENT - This Agreement may be modified or amended if the amendment is made in writing and is signed by all parties.

SEVERABILITY - If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

HEADINGS - The headings contained in this Agreement are strictly for convenience, and shall not be used to construe meaning or intent.

WAIVER - The failure of any Party to require strict compliance with the performance of any obligations and/or conditions of this Agreement shall not be deemed a waiver of that Party’s right to require strict compliance in the future, or construed as consent to any breach of the terms of this Agreement.

FORCE MAJUERE - A party shall not be liable for any failure of or delay in the performance of this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event. Upon occurrence of any force majeure event, the party relying upon this provision shall give written notice to the other party of its inability to perform or of delay in completing its obligations.

APPLICABLE LAW AND JURISDICTION - This Agreement shall be governed by the laws of the State of Texas and any disputes arising from it must be handled exclusively in the federal and state courts located in County of Collin, Texas.

ASSIGNABILITY AND PARTIES OF INTEREST - No Party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the other party. Nothing in this Agreement, express or implied, will confer upon any person or entity not a party to this Agreement, or the legal representatives of such person or entity, any rights, remedies, obligations, or liabilities of any nature or kind whatsoever under or by reason of this Agreement, except as expressly provided in this Agreement.

AGREEMENT - Client and Consultant agree to the terms and conditions as set out above.