MINI-ECOSYSTEM DESIGN LAB™ STRATEGY CALL TERMS AND CONDITIONS

These Strategy Call Terms and Conditions (the “Agreement”) are entered into by and between the individual or entity purchasing the strategy call (the “Client”) and the service provider (the “Provider”). By scheduling and purchasing a strategy call (the “Call”), the Client acknowledges and agrees to be bound by this Agreement.

Table of Contents

1. SERVICES PROVIDED

The Provider agrees to provide the Client with a one-time strategy session focused on marketing measurement and/or marketing strategy, as selected by the Client at the time of booking (the “Services”). The Call is a consultation only and does not include execution, implementation, or ongoing consulting unless otherwise agreed in writing.

The duration of the Call shall be the length selected by the Client at the time of booking, as reflected on the Provider’s website or scheduling system.

What This Means (Non-Binding Summary):
You’re booking me for a one-time strategy session to get clear, actionable advice. I’ll help you think through marketing and measurement, but this isn’t a done-for-you service or ongoing consulting. The session will last exactly as long as the option you chose when you booked.

2. PAYMENT TERMS

The Client agrees to pay the full amount for the Call at the time of booking. All payments are non-refundable, except as expressly provided in Section 4 (Client Cancellations and Refunds).

If the Call extends beyond the scheduled duration, the Provider may, at its discretion, continue the Call and bill the Client for the additional time at the Provider’s then-current standard hourly rate (as published on the Provider’s website or communicated in writing), prorated in 15-minute increments. The Provider will communicate such charges in advance, and the Client agrees to pay any resulting invoice within five (5) days of issuance.

Invoices not paid when due may accrue interest at the rate of 1.5% per month (or the maximum rate permitted by law, if lower), and the Client shall be responsible for all reasonable costs of collection, including attorneys’ fees. All amounts are stated and payable in U.S. Dollars (USD).

What This Means (Non-Binding Summary):
You’ll pay in full when you book your call, and payments aren’t refundable unless covered in Section 4. If we both agree to run past your booked time, I’ll let you know the extra charge before continuing, and I’ll bill in 15-minute increments at my current rate. Payments are due within 5 days, and overdue invoices may include interest and collection costs. All fees are in U.S. dollars.

3. SCHEDULING AND NO-SHOWS

The Client must select an available time slot for the Call at the time of booking. If the Client needs to reschedule, they must provide at least twenty-four (24) hours’ advance notice before the scheduled Call. The rescheduled Call must take place within 30 days of the original appointment, subject to the Provider’s availability. If the Client fails to provide timely notice or does not attend the scheduled Call without prior notification, the Client forfeits the session fee, and no rescheduling or refund will be permitted. If the Client arrives late, the Call will still end at the originally scheduled time. Additional time may be provided only if the Provider agrees to extend the Call, and any such extension will be billed as set forth in Section 2 (Payment Terms).

All times are stated and enforced in Central Time (U.S.) unless otherwise agreed in writing.

What This Means (Non-Binding Summary):
If you need to reschedule, just give me at least 24 hours’ notice and we’ll find another time within 30 days. If you miss your call or arrive late without notice, the session fee is forfeited so both our time is respected. Calls end at the scheduled time, but if we agree to go longer, I’ll bill extra time at my usual rate. All scheduling is based on Central Time so everything stays clear.

4. CLIENT CANCELLATIONS AND REFUNDS

The Client acknowledges that all sales are final, and refunds are not available for Client-initiated cancellations. If the Provider is unable to conduct the Call for any reason, the Client will be offered the option to reschedule. If rescheduling is not possible, the Client may instead receive a full refund. The Provider reserves the right to cancel the Call and issue a full refund if circumstances require.

If the Call is disrupted due to circumstances beyond either Party’s reasonable control (as further described in Section 5, Force Majeure), the Call will be rescheduled or refunded as described above. However, if such circumstances require the Client to reschedule more than once, the Provider may, at their discretion, issue a refund in lieu of further rescheduling, or deem the session forfeited.

What This Means (Non-Binding Summary):
Your booking is non-refundable if you cancel, since I reserve that time just for you. If I have to cancel, you’ll have the option to reschedule or receive a full refund. If something beyond either of our control interrupts the call, we’ll reschedule—but if it happens more than once on your end, I may choose to issue a refund instead of continuing to reschedule.

5. FORCE MAJEURE

Neither Party shall be held liable for any failure or delay in performing obligations under this Agreement if such failure or delay is caused by circumstances beyond their reasonable control, including but not limited to: acts of God (e.g., floods, earthquakes, hurricanes); government orders, regulations, or restrictions; strikes, labor disputes, or civil disturbances; power failures, internet outages, or telecommunications disruption; pandemics, epidemics, or public health emergencies; or any other unforeseeable event beyond the control of the affected Party.

If a Force Majeure event occurs, the affected Party shall:

  1. Notify the other Party as soon as reasonably possible; and
  2. Resume performance as soon as the disruption is resolved, to the extent practicable.


In the case of a Force Majeure event that prevents the Call from occurring as scheduled, the Call may be rescheduled or, at the Provider’s discretion, refunded in accordance with Section 4 (Client Cancellations and Refunds). The Client acknowledges that Force Majeure does not excuse payment obligations for Services already rendered or completed prior to the disruption.

What This Means (Non-Binding Summary):
If something outside either of our control—like an internet outage, illness, or natural disaster—interrupts the session, neither of us will be penalized. We’ll communicate as soon as possible, and once the issue is resolved we’ll either reschedule the call or, if needed, I may issue a refund. Payments already covering work that’s been completed aren’t affected.

6. CLIENT WARRANTIES & REPRESENTATIONS

The Client is responsible for ensuring they are available at the scheduled time and that they have reliable internet access, functioning audio/video capabilities, and access to any necessary systems, accounts, or logins required for screen sharing during the Call. The Client acknowledges that technical issues on their part (including, but not limited to, poor internet connectivity, inability to access accounts, or inadequate equipment) may reduce the effectiveness of the session and will not entitle the Client to reschedule or extend the Call without additional charges.

The Client is expected to come prepared with any necessary information, questions, or materials relevant to their strategy session.

The effectiveness of the Call depends on the Client’s engagement and implementation of the recommendations provided. The Client represents and warrants that all information provided to the Provider is accurate and complete to the best of their knowledge.

The Provider is not responsible for any negative outcomes resulting from the Client’s misrepresentation of facts, misinterpretation of advice, failure to properly implement the strategies discussed during the Call, or the Client’s own technical difficulties.

What This Means (Non-Binding Summary):
To get the most from your session, you’ll need a stable internet connection, working audio/video, and access to any accounts or tools you want to review. Please come prepared with your questions and materials so we can use the time well. I’ll give you clear recommendations, but how effective they are depends on your follow-through, not on me doing the implementation for you.

7. CUSTOMER EXPECTATIONS & DELIVERABLES

The Client acknowledges that the Call is designed to provide insights, recommendations, and strategic advice, but does not include execution, implementation, hands-on work, or ongoing consulting. The Provider is not required to provide any deliverables unless explicitly stated at the time of booking. If no deliverables are specified, the Call will be advisory-only.

If the Provider includes deliverables as part of the strategy session, they may consist of lightweight session artifacts such as:

  • Annotated customer journey sketches or notes highlighting gaps and opportunities (Track 1 – Journey Mapping)
  • Key insights and benchmarks drawn from existing dashboards or reports (Track 2 – Insight Translator)
  • A summary of current measurement maturity and prioritized recommendations for next steps (Track 3 – Ecosystem IQ Review)

 

These deliverables are intended to capture insights from the session for the Client’s reference and may take the form of notes, diagrams, or a written summary, at the Provider’s discretion. The nature, format, and timing of any deliverables will be determined solely by the Provider based on the type of strategy session booked.

What This Means (Non-Binding Summary):
This session is about strategy and clarity, not hands-on implementation. You may receive simple takeaways like a sketch of your customer journey, a list of insights from your data, or a short summary of your ecosystem’s strengths and gaps—depending on which track you book. These are lightweight notes or diagrams for your reference, not full reports or ongoing consulting.

8. RECORDING CONSENT & LIMITATION OF LIABILITY

The Client expressly consents to the Call being recorded by the Provider. All recordings are the property of the Provider and may be used for reference, internal use, training, or service improvement. The Client may not record the Call without the Provider’s prior written consent (see also Section 10: Prohibited Conduct & Right to Refuse Service).

The Provider does not guarantee that a recording will be available and is not liable for any failure to record, technical issues, or lost recordings. The unavailability of a recording shall not entitle the Client to a refund, credit, or replacement session.

Portions of recordings may also be used for marketing or promotional purposes; however, no personally identifiable information or confidential business details will be shared without the Client’s explicit written consent. Clients who prefer not to have their Call used for marketing may opt out by notifying the Provider in writing prior to the Call.

What This Means (Non-Binding Summary):
I may record our call for my own reference, training, or to improve my services. You’re not allowed to record without my permission. Recordings aren’t guaranteed, so if something goes wrong, that won’t mean a refund or extra session. If I ever want to use a snippet for marketing, I’ll only do so with your written consent—and you can always opt out.

9. CLIENT TECHNOLOGY & THIRD-PARTY TOOLS

The Client is responsible for ensuring they have a stable internet connection, functioning audio/video equipment, and access to any required third-party software (e.g., Zoom, Google Meet, or other collaboration platforms) before the Call. The Provider is not responsible for technical difficulties, system outages, software incompatibilities, or disruptions caused by third-party platforms.

If a Call is delayed or interrupted due to the Client’s internet issues, device malfunctions, or software failures, the Call will proceed as scheduled and end at the originally planned time. No refunds or additional time will be provided due to Client-side technical difficulties. The Provider may, at their sole discretion, allow the Call to be rescheduled, consistent with the rescheduling policies outlined in Section 3 (Scheduling and No-Shows).

The Client acknowledges that third-party tools are subject to their own terms of service and privacy policies, and the Provider is not liable for any data loss, security breaches, or confidentiality issues arising from the use of such tools.

What This Means (Non-Binding Summary):
It’s your responsibility to have good internet, working audio/video, and access to the tools we’ll use (like Zoom or Google Meet). If tech issues on your end disrupt the call, we’ll still end at the scheduled time, and that won’t qualify for a refund. I may choose to reschedule at my discretion, but it’s not guaranteed. Keep in mind that third-party platforms have their own rules and risks I can’t control.

10. PROHIBITED CONDUCT & RIGHT TO REFUSE SERVICE

The Client agrees to conduct themselves in a respectful and professional manner throughout all interactions with the Provider. The Provider reserves the right to terminate the Call immediately if the Client engages in harassment, abusive language, discriminatory remarks, inappropriate behavior, or any other conduct that disrupts the session. In such cases, no refund will be issued.

The Provider further reserves the right to refuse or discontinue services to any Client at their sole discretion, including but not limited to cases of unprofessional conduct, conflict of interest, or where the Client’s needs fall outside the scope of the Provider’s expertise. In such cases, the Provider may, at their discretion, issue a full or partial refund.

The Client may not record, reproduce, distribute, or publicly share any portion of the Call without the Provider’s prior written consent.

What This Means (Non-Binding Summary):
Respect and professionalism are expected at all times. If you engage in harassment, abusive language, or disruptive behavior, I may end the call immediately without a refund. I also reserve the right to decline future work if your needs aren’t a fit for my expertise or if a conflict of interest arises. You may not record or share any part of our call without my written consent.

11. INTELLECTUAL PROPERTY

The Provider retains all rights, title, and interest in any frameworks, proprietary methods, templates, strategies, concepts, notes, diagrams, session artifacts, and other intellectual property shared or developed during the Call (collectively, the “Provider’s IP”). This includes, without limitation, the Provider’s Marketing Measurement Maturity Framework™, Ecosystem Modes, and related tools or methodologies.

The Client is granted a limited, non-exclusive, non-transferable license to use the Provider’s IP solely for their own internal business purposes. The Client shall not, without the Provider’s prior written consent:

  • Modify, copy, reproduce, republish, distribute, resell, sublicense, or otherwise exploit any portion of the Provider’s IP;
  • Share, teach, or disseminate the Provider’s IP to third parties, including clients, employees, contractors, or business partners, whether for free or for compensation; or
  • Use the Provider’s IP to create derivative works, educational materials, competing frameworks, or other products or services.

 

Any unauthorized use of the Provider’s IP constitutes a material breach of this Agreement and may result in legal action, damages, and injunctive relief to prevent further misuse. The restrictions in this Section shall survive the completion of the Call.

Mini-Ecosystem Design Lab™, Measurable Marketing Ecosystem™, and Marketing Measurement Maturity Framework™ are trademarks of the Provider.

What This Means (Non-Binding Summary):
The frameworks, tools, and methods I share with you—including, but not limited to, the Mini-Ecosystem Design Lab™, Measurable Marketing Ecosystem™, and Marketing Measurement Maturity Framework™—are my intellectual property and trademarks. You’re welcome to use them to guide your own business decisions, but they may not be copied, resold, taught, or repackaged for others, nor used to create competing products or services. This way, you get the benefit of my expertise while I protect the integrity of the work I’ve developed. If you do misuse them, it will be considered a breach of this agreement and may result in legal action.

12. NO OBLIGATION FOR FUTURE SERVICES

The Parties acknowledge that this Call is a standalone, one-time service and does not create any obligation, expectation, or right for either Party to enter into any future agreements, business relationships, or continued services. The Provider is not obligated to provide ongoing support, Q&A, consulting, or access to future availability beyond the scheduled Call.

Nothing in this Agreement shall be construed as a commitment to a retainer, subscription, long-term engagement, or guarantee of availability for additional services. Additional strategy sessions may be booked separately through the Provider’s standard booking process and will be subject to this same Agreement, unless otherwise agreed in writing. Any future engagements beyond such sessions must be separately agreed upon in writing and are subject to separate terms, conditions, and pricing.

What This Means (Non-Binding Summary):
Booking this session doesn’t create an ongoing relationship—we’re working together just for this one call. If you’d like more sessions in the future, you’re always welcome to book them separately, but they’ll be under the same terms unless we agree otherwise. This keeps things clear and fair for both of us.

13. LIMITATION OF LIABILITY

The Provider makes no guarantees, representations, or warranties, express or implied, regarding any specific outcomes resulting from the Call. The Client acknowledges that all strategic advice, recommendations, and insights provided by the Provider are for informational and educational purposes only and should not be relied upon as legal, financial, tax, or business guarantees.

The Provider shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of revenue, lost profits, business interruption, reputational harm, data loss, or legal disputes, arising from: (i) the Client’s use or implementation of strategies discussed during the Call; (ii) the Client’s reliance on any information provided during the Call; (iii) technical difficulties, third-party software or platform failures, or force majeure events; or (iv) any decisions made or actions taken (or not taken) by the Client based on the Call’s contents.

The Client agrees that the maximum aggregate liability of the Provider under this Agreement, for any reason and in any form of action, shall not exceed the total amount paid by the Client for the Call.

What This Means (Non-Binding Summary):
I provide advice and recommendations, but I do not guarantee outcomes, and I am not responsible for lost revenue, profits, data, or any other damages if things don’t go as planned. You alone are responsible for decisions and results in your business. If I am found liable for any reason, the most you could recover is the amount you paid for the session.

14. CONFIDENTIALITY

Both Parties agree to maintain the confidentiality of any proprietary, sensitive, or non-public business information shared during the Call (“Confidential Information”). Each Party shall use such Confidential Information solely for the purposes of the Call and shall not disclose it to any third party without the other Party’s prior written consent, except as expressly permitted herein.

The Provider may use generalized, anonymized examples or insights derived from consultations for educational, training, or marketing purposes, but shall not disclose personally identifiable details, trade secrets, or proprietary business information of the Client without the Client’s express written consent.

Confidentiality obligations shall not apply to information that: (i) is or becomes publicly available through no fault of the receiving Party; (ii) is lawfully obtained from a third party without breach of confidentiality obligations; or (iii) must be disclosed pursuant to law, subpoena, or governmental order.

The Parties acknowledge and agree that these confidentiality obligations extend to any recordings, transcripts, or notes from the Call, consistent with Section 8 (Recording Consent & Limitation of Liability) and Section 10 (Prohibited Conduct & Right to Refuse Service). The obligations of this Section shall survive the termination or completion of this Agreement.

What This Means (Non-Binding Summary):
Anything you share with me during our session stays private. I may use general, anonymized examples in my teaching or marketing, but I won’t share your specific details without your written permission. The only exceptions are if the information is already public, comes from another source legally, or I’m required by law to disclose it.

15. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma, United States of America, without regard to its conflict-of-law principles. In the event of a dispute arising out of or relating to this Agreement, the Parties agree first to attempt to resolve the matter through good-faith negotiations. If the dispute is not resolved within thirty (30) days, the Parties agree to submit the matter to mediation with a mutually agreed-upon mediator before pursuing litigation or other legal remedies. Mediation costs shall be shared equally between the Parties, unless otherwise agreed.

If mediation fails, either Party may pursue legal action exclusively in the state or federal courts located in Pottawatomie County, State of Oklahoma (Shawnee). The Parties consent to the personal jurisdiction and venue in those courts, and waive any objections to jurisdiction or venue in that location. The prevailing Party in any such legal action shall be entitled to recover reasonable attorney’s fees and costs, in addition to any awarded damages or relief.

What This Means (Non-Binding Summary):
Any disputes related to this agreement are governed by Oklahoma law. We must first try to resolve issues directly, then through mediation. If mediation fails, any lawsuit must be filed in Pottawatomie County, Oklahoma. The losing party may be required to pay the other’s legal fees and costs.

16. NO GUARANTEE OF RESULTS

The Provider makes no guarantees, warranties, or representations, express or implied, regarding any specific results or outcomes from the Services provided during the Call. The Client acknowledges that business success, marketing effectiveness, visibility, client acquisition, revenue, or other strategic outcomes depend on multiple factors outside the Provider’s control, including but not limited to the Client’s own implementation, industry conditions, market trends, competitive actions, and external economic or technological influences.

The Client further acknowledges that the Call is designed to provide insights and recommendations, not performance guarantees, and that results will vary based on the Client’s circumstances. The Provider shall not be liable for any losses, damages, or unmet expectations arising from the Client’s use, interpretation, or implementation of the strategies discussed during the Call, consistent with the limitations set forth in Section 13 (Limitation of Liability).

What This Means (Non-Binding Summary):
I’ll give you my best insights and recommendations, but I can’t promise specific results since outcomes depend on many factors outside my control. Think of this session as guidance to help you make informed decisions, not a guarantee of success.

17. NON-DISPARAGEMENT

The Parties agree not to make any false, defamatory, or knowingly misleading statements about one another, whether orally or in writing, including on social media, public forums, or online review platforms. This provision does not prevent either Party from offering private, constructive feedback directly to the other, or from making statements that are truthful and made in good faith as part of legal, regulatory, or dispute-resolution proceedings.

Notwithstanding the foregoing, the Provider may disclose factual information regarding the Client’s payment history, defaults, or breaches of this Agreement as necessary to enforce its rights, including but not limited to collections, credit reporting, or legal proceedings.

A breach of this Section shall constitute a material breach of this Agreement and may cause irreparable harm to the non-breaching Party. In the event of such a breach, the non-breaching Party shall be entitled to pursue all available legal and equitable remedies, including but not limited to injunctive relief, removal of the defamatory content, and recovery of damages, in addition to any other rights provided under this Agreement or applicable law.

What This Means (Non-Binding Summary):
We both agree to speak respectfully about one another, online and offline. This doesn’t stop you from giving me honest feedback directly or sharing truthful experiences, but it does mean neither of us should post or say things that are false or damaging.

18. FEEDBACK

The Parties acknowledge the value of open communication and agree that constructive feedback may be shared directly between them in good faith. Nothing in this Agreement shall be construed to limit the Client’s ability to provide honest testimonials or reviews based on their actual experience, provided such statements are truthful and not false, defamatory, or knowingly misleading.

The Provider likewise commits to professionalism in all communications about the Client. The Parties further acknowledge that the Provider may share factual information about the Client’s payment history, defaults, or breaches of this Agreement if required to enforce its rights, including through collections, credit reporting, or legal proceedings. Such disclosures shall not be deemed a violation of Section 17 (Non-Disparagement).

What This Means (Non-Binding Summary):
You’re free to share honest feedback or testimonials about your experience, as long as it’s truthful. I’ll communicate about you with professionalism as well. If I need to share factual details—like payment history—for legal or collections purposes, that won’t count as disparagement.

19. INDEPENDENT CONTRACTOR RELATIONSHIP

Nothing in this Agreement shall be construed to create a partnership, joint venture, agency, franchise, or employer-employee relationship between the Parties. The Provider is an independent contractor and retains full discretion over the manner and means of delivering the Services. The Client shall not control or direct the Provider’s work beyond the agreed scope of the Call.

The Provider is not an employee of the Client and shall not be entitled to any benefits, insurance, or compensation beyond what is explicitly stated in this Agreement. The Provider shall be solely responsible for all taxes, withholdings, and other statutory, regulatory, or contractual obligations of any sort, including but not limited to income taxes and self-employment taxes.
The Client shall not have the authority to bind, represent, or act on behalf of the Provider in any capacity.

What This Means (Non-Binding Summary):
We’re not forming a partnership or employer-employee relationship through this session. I run my own business and will handle my own taxes and obligations. You don’t direct how I work beyond what we agreed for the call, and you can’t act on my behalf.

20. SEVERABILITY

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permitted by law, or if enforcement is not possible, it shall be severed from the Agreement. The remainder of this Agreement shall continue in full force and effect, and the invalidity of any one provision shall not affect the validity of the remaining provisions.

What This Means (Non-Binding Summary):
If one part of this agreement is ever found to be invalid, the rest of the agreement still applies. We won’t throw out the whole thing just because a single clause doesn’t hold up.

21. AMENDMENTS

No modification or amendment of this Agreement shall be valid unless made in writing and signed by both Parties. Any oral modifications shall be void and unenforceable.

What This Means (Non-Binding Summary):
Any changes to this agreement have to be in writing and agreed to by both of us. Verbal changes or side conversations don’t count as official amendments.

22. WAIVER

The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver of that provision or any other provision, and shall not affect the right of that Party to enforce such provision in the future. Any waiver must be in writing and signed by the Party granting it.

What This Means (Non-Binding Summary):
If either of us chooses not to enforce part of this agreement at some point, that doesn’t mean the rule goes away for the future. To officially waive something in this agreement, it has to be in writing and signed by the person giving up that right.

23. ASSIGNMENT

The Client may not assign, transfer, or delegate their rights or obligations under this Agreement without the prior written consent of the Provider. Any attempted assignment in violation of this clause shall be null and void. The Provider may assign or transfer its rights and obligations under this Agreement at its sole discretion.

What This Means (Non-Binding Summary):
You can’t transfer your session or obligations under this agreement to someone else unless I agree in writing. I, however, can transfer my rights or responsibilities if needed.

24. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties with respect to the subject matter herein and supersedes all prior discussions, negotiations, agreements, or understandings, whether written or oral. No representations, warranties, covenants, or conditions, express or implied, other than those set forth in this Agreement, shall be binding upon either Party.

What This Means (Non-Binding Summary):
This document is the full agreement between us for your strategy call. Anything we may have discussed before—by email, message, or conversation—isn’t part of the contract unless it’s written here.

25. NOTICES

Notices under this Agreement shall be in writing and delivered by email to the addresses provided at booking (or as later updated in writing). Notices are deemed received on the date sent if sent during business hours in the recipient’s time zone, or the next business day otherwise.

What This Means (Non-Binding Summary):
Any official communication between us will be by email, using the addresses we exchanged at booking (unless we update them later in writing). Emails count as received the day they’re sent if it’s during business hours, or the next business day if not.

26. HEADINGS; EXPLANATORY NOTES

Section and subsection headings are for convenience only and do not affect interpretation. Any summaries or explanatory notes (e.g., “What This Means” sections) are provided solely to aid understanding and are not legally binding. In the event of any inconsistency, the legal text shall control.

What This Means (Non-Binding Summary):
The section titles and “What This Means” summaries are just there to help with clarity. They don’t change the actual legal meaning of the agreement—the legal text is what governs if there’s ever a conflict.

Last Updated – September 13, 2025

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