Envision OBM Terms & Conditions
Last updated 12/19/23
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This Agreement is made between Envision OBM, LLC (“my” or “I” or “me”) and [Client Name] (“Client” or “you”). We both agree to the following:
Expectations:
As we collaborate, you can anticipate that I will:
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Always be ready and organized for our scheduled meetings.
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Give you my undivided attention during our interactions.
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Carefully listen to and understand your visionary objectives.
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Strive to offer recommendations that align with your unique vision, mission, and values.
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Provide consistent support, positive reinforcement, insightful feedback, and practical guidance.
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Recognize and respect your individuality, while motivating you to overcome personal challenges.
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Maintain transparency and respect in all our communications.
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In return, I have the following expectations from you:
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Arrive punctually for our meetings, free from distractions.
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Be thoroughly prepared for each session we have together.
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Diligently work on and complete the agreed-upon action steps.
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Ensure timely payment for the services provided.
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Remain receptive to new concepts, tools, and methodologies.
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Feel free to ask questions whenever you have them.
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Uphold a transparent and respectful tone in our communications.
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Engage in a feedback session and provide a testimonial about your experience.
Investment, Payment, Refund/Return Policy:
Investment
You agree that you are financially willing to invest in our business relationship by choice
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If paying in full, your investment is [COST] and must be paid before work begins.
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If you choose the payment plan, your investment is [# monthly payments of $].
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Payment Authorization and Receipt
If paying by debit or credit card, you permit me to automatically charge your credit or debit card as payment without any additional authorization, and you will receive an electronic receipt.
Missed Payment
If payment is not received by the date due or there is a problem with the payment transaction or method, you will be notified by email and then have a 7-day grace period to make the payment following the due date, otherwise, your service will be put on hold.
After 7 days, a late fee of 15% is added to the payment. If no payment is made within 14 days, the Service will automatically terminate.
Refund/Return Policy
It is my intention for you to be satisfied with the results of my services. However, because I have invested considerable time and effort into my work- if you decide to withdraw at any time for any reason from re-occurring services, you will not receive a refund for services already delivered. You can receive a pro-rated refund for the remainder of your contract if you are a client who selected to pay in full.
One-time services, such as Operation Audits, are non-refundable.
Digital products purchased from the Envision OBM Store are non-refundable and not eligible for return.
Confidentiality
Confidentiality is important to me and our relationship. I will keep all information exchanged between us confidential. I will not disclose any sensitive information that you share with me to anyone unless: (1) they have a legitimate reason to know such information as a member of my team or staff, (2) when required by law.
Envision OBM, LLC respects the confidentiality of its clients’ information. However, we are not liable for any breach of confidentiality or data loss unless it is due to gross negligence or willful misconduct on our part.
Privacy Policy
Almost all my services require you to share protected information such as account passwords. I use the password manager, LastPass, to store account details or any notes with confidential information. You can learn more about their security features here.
Intellectual Property Rights
All rights of ownership and intellectual property related to the content and materials I supply through my services remain exclusively with me. These materials are supplied to you for your personal use under a single-user license. This license strictly prohibits you from sharing, copying, selling, posting, distributing, reproducing, duplicating, trading, reselling, or exploiting any part of the service materials, whether electronically or in any other format, for business, commercial, or any monetarily beneficial purposes, without obtaining my explicit written consent beforehand.
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Personal Responsibility, Disclaimer & Release of Claims:
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Personal Responsibility & Assumption of Risk
You recognize and agree that you are entirely accountable for your actions and the choices you make before, during, and following our contracted services. You willingly accept and bear all risks associated with the utilization, misapplication, or lack of use of any advice or materials provided throughout our services. It is understood and agreed upon that the outcomes you achieve are a direct result of your actions and decisions.
Disclaimer
The services provided by Envision OBM, LLC, including operation audits, project and operations consulting, and business management, are advisory. We do not guarantee the success of any recommendations or strategies provided and are not responsible for the actions taken by clients based on our advice.
While Envision OBM, LLC endeavors to provide the most accurate, up-to-date information and expert advice, I make no warranties or representations as to the accuracy, effectiveness, or completeness of the contents of our services. All information is provided on an "as-is" basis.
Clients are responsible for the implementation of any strategies or recommendations provided by Envision OBM, LLC. Clients must exercise their due diligence and judgment in such implementation.
Any links to third-party websites are provided with good intentions. Envision OBM, LLC is not responsible for the content or accuracy of these sites, nor do we endorse them.
By signing this Agreement, you agree that you are consenting to this full Disclaimer.
Limitation of Liability, Indemnification, and Release of Claims
Restriction of Liability: I will not bear liability for any types of damages, including but not restricted to direct, indirect, special, incidental, or consequential losses or damages, that might arise from utilizing or the inability to utilize my services. This applies even in circumstances where Envision OBM, LLC has been pre-informed about the potential of such damages.
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Exemption from Responsibility: I am not to be deemed responsible for any information, services, products, materials, or other data that you acquire via Envision OBM, LLC. You acknowledge and agree that you absolve, indemnify, and release me from all liability, including damages, legal claims, actions, demands, costs, and expenses, whether known or unknown, that arise from or are connected with your participation in any activities related to Envision OBM, LLC, to the full extent that is allowed by the law.
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Other Important Terms:
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Termination
If either of us wants to terminate a contract at any time, we both agree to notify the other at least 30 days in advance by email. Even after termination by either of us, all of the terms of this Agreement, including all of the Investment, Refund Policy, and Intellectual Property terms, will still apply to both of us now and in the future.
Communication Notice
All correspondence of notice required regarding the contract shall be made to me by email at info@envisionobm.com and to you at the email address you provided during your enrollment. Should your email address, billing information, or contact information change at any time, it is your responsibility to provide updated information within 2 days of any change.
Entire Agreement, Assignment, Obligations and Waiver
This document embodies our complete agreement. Alterations or modifications to this Agreement are valid only if they are in written form and duly signed by both parties.
The rights and duties under this Agreement are personal to you and may not be transferred or assigned to any other party. The obligations outlined in this Agreement are to remain in effect indefinitely, except as otherwise specified within this Agreement.
The responsibilities and obligations outlined in this Agreement will continue in full force and effect unless expressly stated otherwise within this document.
My decision to waive or not enforce specific terms of this Agreement at any time is not to be interpreted as a relinquishment of my right to enforce all terms of this Agreement fully at a later time.
Governing Law
This agreement shall be construed according to the laws of Baltimore City in the State of Maryland.
Dispute Resolution
In the event of discrepancies or disagreements, our preference is to resolve these matters through friendly and cooperative email exchanges. If a resolution is not reached within 14 days, both parties agree to resolve the issue through mandatory arbitration. This arbitration will be conducted by an arbitrator, who will be chosen jointly by both parties unless a different agreement is made in writing. The understanding and agreement are such that the only compensation available through arbitration is a complete refund of any payments made thus far. It is agreed that no other form of compensation, including but not limited to consequential damages or other types of damages, will be awarded. The outcome determined by the arbitrator will be conclusive, final, and enforceable in any court with the relevant authority. Additionally, it is agreed that any arbitration proceedings will occur in Baltimore County, Maryland, where the primary business operations are based. In these proceedings, the party that prevails will have the right to claim all reasonable attorneys’ fees and any costs necessary to uphold the arbitrator's decision.
Non-Disparagement
In the event of any disagreements or disputes arising between us, you commit to refraining from making any public or private statements that could be seen as negative or critical towards me or Envision OBM, LLC. This includes abstaining from any communication, whether with individuals, companies, or entities, that could potentially disparage the Program or negatively impact my reputation, including on social media platforms. However, this does not restrict your ability to express your thoughts and opinions publicly in the context of arbitration proceedings or as required by legal obligations.
Acknowledgment
By entering into this Agreement, both parties acknowledge and confirm that they have fully read, understood, and agree to all terms contained within this document. This Agreement is fully effective and enforceable with electronic signatures. Before signing, you have been allowed to raise any questions regarding this Agreement. Your signature signifies your complete understanding and acceptance of all the terms outlined in this Agreement.
*** Terms and Conditions acknowledgment is attached to all forms sent to the client. It MUST be signed for us to enter into a contract together.