Ops Diagnostic Session Terms and Conditions
1. Scope of Services
These terms and conditions (these “Terms”) govern the Ops Diagnostic Session package (the “Package”) offered by NLA LLC dba Organize Mayhem (“Company”). The Package includes one (1) comprehensive individual consultation and audit with Natasha Apau for a flat fee paid in advance via HoneyBook, available here (the “Fee”), as more fully set forth below.
The Package is aimed at providing strategic insights and actionable recommendations to enhance the Participant’s business operations and growth, and consists of:
A Planner (as described below);
One (1) 90-minute session (the “Session”), which will be recorded and shared with you;
Up to two (2) weeks of auditing your business and team interviews (if applicable);
A written diagnostic plan for you to implement (the “Action Plan”), provided within seven (7) business days after completion of the audit; and
Two (2) rounds of Q&A, via e-mail, with the Owner, Natasha Apau, to be used within seven (7) business days after delivery of the Action Plan.
The Planner consists of guiding questions which help us prepare for the Session. The Planner will be shared with you prior to the Session and must be fully completed and returned to the Company no less than forty-eight (48) hours prior to the Session.
For quality assurance and to enhance the experience, the Session will be recorded and documented. Participation in the Session constitutes consent to such recording and documentation, which will be shared with and retained by the Company in accordance with our Privacy Policy.
The Package will cover topics such as strategic planning, operations optimization, team strategy, and similar matters, and will result in the creation of a customized Action Plan tailored to your business needs.
2. Client Access, Cooperation, and Dependencies
You acknowledge that the audit and the Action Plan depend on the Company being granted timely and sufficient access to your business. To complete the Package, you agree to provide the Company with the access it reasonably requires, which may include access to your software, systems, tools, platforms, accounts, files, data, documentation, and relevant team members or personnel.
You are responsible for arranging and maintaining this access throughout the engagement, including any credentials, permissions, licenses, or third-party approvals needed. If you are unable or unwilling to provide the access the Company reasonably requires, or if such access is delayed, incomplete, or revoked, the Company may be unable to perform or complete the audit or deliver the Action Plan. In that event, the Company will not be considered in breach, the Package or any portion of it may be deemed forfeited, and no refund will be issued.
3. Participant Responsibilities
Participants (“you” or “Participant”) agree to actively engage in the Session, provide accurate and complete information regarding their business operations, and adhere to any guidelines or instructions provided by the Company. You acknowledge that your active participation and cooperation, including providing the access described in Section 2, is essential to the success of the Package and the development of an effective Action Plan.
4. Cancellation and Scheduling
Rescheduling. You may reschedule your Session one (1) time at no charge, provided you notify the Company via email at least forty-eight (48) hours prior to your scheduled Session time. A second reschedule request will be considered at the Company’s sole discretion, requires a minimum of forty-eight (48) hours’ notice, and may be subject to a rescheduling fee as determined by the Company at that time. If you reschedule or cancel three (3) or more times for any reason, your original purchase is forfeited in full and a new Session must be purchased. No exceptions will be made.
No-Shows. If you do not attend your scheduled Session and have not provided at least forty-eight (48) hours’ notice, your Session is forfeited, no reschedule will be offered, and no refund will be issued.
Redemption. Package Fees are nonrefundable. Once purchased, your Session must be redeemed within ninety (90) days of the purchase date. Sessions not redeemed within ninety (90) days will be forfeited without refund.
No Refund Regardless of Outcome. You acknowledge and agree that the Fee is fully earned upon purchase and is nonrefundable under all circumstances, including but not limited to your failure to attend the Session, your failure to provide the access or cooperation described in these Terms, your dissatisfaction with the Action Plan, or the results, outcomes, or business impact you do or do not experience from the Package or the Action Plan. The Fee pays for the Company’s time, expertise, and deliverables, and not for any particular result.
5. Ownership of Materials
All materials provided as part of the Package, including but not limited to documents, tools, recommendations, and the Action Plan (the “Materials”), are the property of the Company and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Materials solely for your own internal business use, provided that you keep intact all copyright and other proprietary notices. Any unauthorized use, distribution, resale, or reproduction of the Materials is strictly prohibited.
6. Confidentiality
Each party may have access to non-public, confidential, or proprietary information of the other party in connection with the Package (“Confidential Information”), including business operations, systems, team information, financials, and the Materials. Each party agrees to hold the other’s Confidential Information in confidence, to use it only as necessary to perform or benefit from the Package, and not to disclose it to any third party without the other party’s consent, except as required by law. This obligation survives termination or expiration of these Terms.
7. Indemnification
You agree to indemnify and hold the Company and any of its contractors, directors, officers, and/or affiliates harmless from any claims, damages, or liabilities arising from your use of the Package or any Materials provided therein. This includes but is not limited to claims by third parties related to the use or implementation of the Action Plan developed as part of the Package.
8. Data Protection and Privacy
The Company collects personal information from Participants for billing and communication purposes. By participating in the Session, you consent to the collection and use of your personal information in accordance with the Company’s Privacy Policy, available here. Any obligations of the Company hereunder shall apply mutatis mutandis to the Company’s subcontractors and any third parties assisting the Company in the provision of the services, including, without limitation, our Virtual Assistant (“Representative”). The Company will inform its Representative of their obligations hereunder. The Company is committed to protecting your privacy rights and complying with applicable data protection laws.
9. Term and Termination
These Terms shall remain in effect from your purchase of the Package until the later of (i) delivery of the Action Plan and completion of both (2) rounds of Q&A, or (ii) ninety (90) days following your purchase of the Package. Either party may terminate this agreement with written notice in the event of a material breach by the other party that remains uncured. Upon termination, any outstanding fees or obligations shall be settled in accordance with these Terms.
The Company may, in its sole discretion, terminate services for a Participant if the Participant displays any conduct which is disruptive, abusive, threatening, or otherwise offensive to any contractor of the Company, whether that conduct occurs on a phone call, in email, or otherwise. No refund shall be issued to a Participant whose Session is terminated under this provision. If a Participant’s Session is terminated for such a reason, such Participant shall not be permitted to re-order another Session or any other services made available by the Company until determined otherwise by the Company, in its sole discretion.
10. Important Disclaimers
When addressing financial matters, we have taken every effort to accurately represent the Package and its ability to grow your business and improve your operations. However, there is no guarantee that you will get any results or earn any money using any of our ideas, tools, strategies, or recommendations. Nothing in the Package is a promise or guarantee of earnings or results. Any forward-looking statements are simply our opinion and are not guarantees or promises of actual performance. You specifically acknowledge and agree that no representation has been made by the Company and relied upon as to the future income, expenses, sales volume, or potential profitability or future success that may be derived from participation in the Package.
Participant agrees and acknowledges that the Company and/or Natasha Apau and/or any subcontractor assisting in providing the services hereunder is not a business coach or health coach, and the services provided hereunder are not intended to be a substitute for any professional advice, whether financial, legal, health-related, or otherwise. Please consult a licensed professional should you need advice relating to your business or your personal health. The Company does not guarantee the quality, accuracy, completeness, or timeliness of the information provided to the Participant in connection with the services. All information provided to Participants is only an estimate and may contain errors. By using the services, you agree that the Company shall not be responsible for any direct, indirect, special, incidental, or consequential damages or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the services or in reliance on the information made available to the Participant in connection with the Package, including loss of use, lost data, lost business profits, business interruption, personal injury, or any other personal or pecuniary loss, whether the action is in contract, tort (including negligence), or other tortious action.
COMPANY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, THE PACKAGE, AND/OR THE SESSION, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
11. Limitation of Liability
EXCEPT FOR FRAUD, WILLFUL MISCONDUCT, OR GROSS NEGLIGENCE, (I) IN NO EVENT SHALL COMPANY BE LIABLE TO PARTICIPANT OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE; AND (II) IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO COMPANY PURSUANT TO THESE TERMS. COMPANY SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO THIRD-PARTY VENDORS OR SUBCONTRACTORS, USED IN CONNECTION WITH THE PACKAGE OR THE SESSION.
12. Force Majeure
The Company shall not be liable or responsible for any failure or delay in performing its obligations under these Terms when such failure or delay is caused by or results from events beyond the Company’s reasonable control, including but not limited to acts of God, illness, natural disasters, power or internet failures, acts of third-party service providers, labor disputes, or government action. In such an event, the Company may reschedule the Session or extend delivery timelines without penalty.
13. Miscellaneous
No waiver by the Company of any of the provisions of these Terms is effective unless explicitly set forth in writing and signed by the Company. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates as or may be construed as a waiver thereof.
All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule. Any dispute arising out of or relating to the Session or these Terms shall first be addressed through good-faith negotiation between the parties. If the dispute is not resolved through negotiation, the parties agree to submit the dispute to mediation in Maryland, in English. If mediation does not resolve the dispute, the dispute shall be finally resolved by binding arbitration in Maryland, in English.
The relationship between the parties is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
All notices, requests, consents, claims, demands, waivers, and other communications hereunder shall be in writing (email acceptable) and addressed to the parties as set forth in the order form, for the Participant, and as set forth in the Privacy Policy, for the Company, or to such other address as may be designated by the receiving party in writing.
If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
Provisions of these Terms which by their nature should apply beyond their terms will remain in force after any termination or expiration of these Terms, including but not limited to the confidentiality, ownership, disclaimer, indemnification, and limitation of liability provisions.
These Terms constitute the entire agreement between the parties with respect to the Package and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral. These Terms may only be amended or modified in a writing which specifically states that it amends these Terms and is signed by an authorized representative of each party. Neither party may assign these Terms without the prior written consent of the other party, except that the Company may assign these Terms to a successor in connection with a merger, acquisition, or sale of substantially all of its assets.
The action of agreement via electronic method will hold both parties in acceptance of these Terms. The Company as sender and the Participant as recipient acknowledge acceptance of these Terms either through an email noting acceptance or through acceptance acknowledged at the beginning of any work on said Package.
By agreeing to these Terms, you acknowledge that you have read, understood, and agree to be bound by the Terms herein. If you have any questions or concerns regarding these Terms, please contact the Company at contact@organizemayhem.com.