This Agreement is entered into by and between Troy Stone, UNTHINK LLC, and the Client whereby Mr. Stone agrees to provide Relationship Consulting Services for Client.
Description of Relationship Consulting: Relationship Consulting is a partnership (defined as an alliance, not a legal business partnership) between the Consultant and the Client in a thought-provoking and creative process that inspires the client to maximize their relationship potential.
1) Consultant-Client Relationship
A. Consultant agrees to maintain the ethics and standards of behavior established prevailing in the industry.
B. Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the consulting relationship and his/her consulting calls and interactions with the Consultant. As such, the Client agrees that the Consultant is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Consultant. Client understands relationship consulting is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
C. Client further acknowledges that he/she may terminate or discontinue the Relationship Consulting relationship at any time.
D. Client acknowledges that relationship consulting is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate relationship consulting principles into those areas and implementing choices is exclusively the Client’s responsibility.
E. Client acknowledges that relationship consulting does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that relationship consulting is not to be used as a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If 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 Relationship Consulting agreed upon by the Client and the Consultant.
F. The Client understands that in order to enhance the consulting relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
The parties agree to engage in a Relationship Consulting program via virtual meetings. Consultant will be available to Client by e-mail in between scheduled meetings.
3) Schedule and Fees
This Relationship Consulting agreement is valid as of the first payment made by the Client via the website. The fee will be dependent upon the plan chosen by the client available on the website. The calls/meetings shall be 50 minutes in length for individuals and 1 hour and 15 minutes in length for couples or individuals who choose this plan.
The refund policy in effect for the term of this Agreement is as follows: The Client will be charged for the entirety of the program chosen and refunds will not be given.
The time of the consulting meetings and/or location will be scheduled via the portal on the website and will take place via Zoom unless otherwise agreed upon by both parties.
This consulting relationship, as well as all information (documented or verbal) that the Client shares with the Consultant as part of this relationship, will be kept confidential. However, please be aware that the Consultant-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognised privilege. The Consultant agrees not to disclose any information pertaining to the Client without the Client’s written consent. The Consultant will not disclose the Client’s name as a reference without the Client’s consent.
Confidential Information does not include information that: (a) was in the Consultant’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Consultant from a third party, without breach of any obligation to the Client; (d) is independently developed by the Consultant without use of or reference to the Client’s confidential information; or (e) the Consultant is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Consultant and as a result of such disclosure the Consultant reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Consultant in a timely manner.
6) Cancellation Policy
Client agrees that it is the Client’s responsibility to show up for scheduled appointments/meetings. Consultant reserves the right to bill Client for a missed meeting.
Either the Client or the Consultant may terminate this Agreement at any time with written notice. If Client initiates the termination, he/she agrees that there will be no refund for the amount already paid.
8) Limited Liability
Except as expressly provided in this Agreement, the Consultant makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the relationship consulting services negotiated, agreed upon and rendered. In no event shall the Consultant be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Consultant’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Consultant under this Agreement for all relationship consulting services rendered through and including the termination date.
9) Entire Agreement
This document reflects the entire agreement between the Consultant and the Client and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Consultant and the Client.
10) Dispute Resolution
If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Consultant agree to attempt to mediate in good faith for up to 30 days after notice given. If the dispute is not so resolved, and in the event of legal action, the prevailing party shall be entitled to recover attorney’s fees and court costs from the other party.
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 the 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.
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
13) Applicable Law
This Agreement shall be governed and construed in accordance with the laws of the State of Arizona, without giving effect to any conflicts of law provisions.
14) Binding Effect
This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.