Terms & Conditions

Fit Biz Rox dba Liberate Consulting

Terms of Service

Effective January 1, 2024

1.0 The Party Has Started

Behind the scenes, I do a whole bunch of admin work once you sign up as a client and agree to these terms. Please know that from my end, once you sign up, I will begin work and spend time delivering amazing services and value to you as per the outline in your Proposal email.

2.0 Acceptance of Price in Proposal Email

Accepting these terms and agreeing to be bound by this Agreement also means that you agree to pay the amount outlined in the proposal I emailed you after your initial discovery call.

3.0 Cancellation Policy

You may cancel any scheduled strategy sessions (or offline projects / kpi work) via email or directly in my online schedule with ideally 3 days notice, or at the very least 24 hours notice, to avoid any cancellation fees (and/or forfeiting the free discovery call). Any sessions cancelled with less than 24 hours notice and up to meeting time will be charged a $20 cancellation fee. Any scheduled sessions for which you don’t call or show up for will be charged full price as quoted in your proposal email.

4.0 No Refunds

I prefer to store credit cards on file and charge them once services are rendered - for KPI reports and Studio Strategy sessions - at the price quoted in your initial proposal email. I’'ll always work with you to make sure you are getting exactly what you expect and know you can always rely on me to go above and beyond.

5.0 You Breakup With Me

You cannot respect love that is not freely given, so feel free to take breaks from working together whenever you’d like. Just provide ample notice in writing and ensure all outstanding payments are made. 

6.0 I Breakup With You

I can similarly stop working for you with ample notice in writing. This might happen if you don’t pay for your services rendered, if you aren’t appropriately communicative, if you request I do something illegal or ethically compromising, or if a conflict of interest and/or schedule arises.

7.0 Limitation of Liability

I make no representations or warranties of any kind, express or implied, with respect to my consulting services. In no event will I be liable for special, incidental, indirect or consequential damages (including without limitation, lost profits or revenues), or other liability arising out of or in connection with this Agreement and the performance of my services, regardless of the form of action, whether or not Fit Biz Rox has been advised, or otherwise might have anticipated the possibility of such damages.

8.0 Disputes

If any dispute arises under this Agreement, Fit Biz Rox (the Business Consultant) and the Client shall negotiate in good faith to settle such dispute in person, and over the phone whenever. If the parties cannot resolve such disputes themselves, then either party may submit the dispute to mediation by a mediator approved by both parties. 

9.0. Legal Notice

All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered via e-mail to original address on file and to rox@fitbizrox.com. 

10.0. Independent Contractor Status

The Business Consultant, under the code of the Internal Revenue (IRS), is an independent contractor and neither the Business Consultant's employees or contract personnel are, or shall be deemed, the Client's employees. In its capacity as an independent contractor, the Business Consultant agrees and represents:

1. Business Consultant has the right to perform Services for others during the term of this Agreement;

2. Business Consultant has the sole right to control and direct the means, manner, and method by which the Services required under this Agreement will be performed; Business Consultant shall select the routes taken, starting and ending times, days of work, and order the work that performed;

3. Business Consultant has the right to hire assistant(s) as subcontractors or to use employees to provide the Services under this Agreement.

4. Neither Business Consultant nor the Business Consultant's employees or personnel shall be required to wear any uniforms provided by the Client;

5. The Services required by this Agreement shall be performed by the Business Consultant, Business Consultant's employees or personnel, and the Client will not hire, supervise, or pay assistants to help the Business Consultant;

6. Neither the Business Consultant nor the Business Consultant's employees or personnel shall receive any training from the Client for the professional skills necessary to perform the Services required by this Agreement; and

7. Neither the Business Consultant nor Business Consultant's employees or personnel shall be required by the Client to devote full-time to the performance of the Services required by this Agreement.

11.0 State and Federal Licenses

The Business Consultant represents and warrants that all employees and personnel associated shall comply with federal, state, and local laws requiring any required licenses, permits, and certificates necessary to perform the Services under this Agreement.

12.0 Indemnification

Business Consultant shall release, defend, indemnify, and hold harmless Client and its officers, agents, and employees from all suits, actions, or claims of any character, name, or description including reasonable Business Consultant fees, brought on account of any injuries or damage, or loss (real or alleged) received or sustained by any person, persons, or property, arising out of services provided under this Agreement or Business Consultant's failure to perform or comply with any requirements of this Agreement including, but not limited to any claims for personal injury, property damage, or infringement of copyright, patent, or other proprietary rights. Client reserves the right to retain whatever funds which would be due to the Business Consultant under this Agreement until such suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished.

13.0 Confidentiality & Proprietary Information

The Business Consultant acknowledges that it will be necessary for the Client to disclose certain confidential and proprietary information to the Business Consultant in order for the Business Consultant to perform their duties under this Agreement. The Business Consultant acknowledges that disclosure to a third (3rd) party or misuse of this proprietary or confidential information would irreparably harm the Client. Accordingly, the Business Consultant will not disclose or use, either during or after the term of this Agreement, any proprietary or confidential information of the Client without the Client's prior written permission except to the extent necessary to perform the Services on the Client's behalf.

14.0 Assignment and Delegation

The Business Consultant may assign rights and may delegate duties under this Agreement to other individuals or entities acting as a subcontractor ("Subcontractor"). The Business Consultant recognizes that they shall be liable for all work performed by the Subcontractor and shall hold the Client harmless of any liability in connection with their performed work.

The Business Consultant shall be responsible for any confidential or proprietary information that is shared with the Subcontractor in accordance with this section. If any such information is shared by the Subcontractor to third (3rd) parties, the Business Consultant shall be made liable.

15.0 Governing Law. This Agreement shall be governed under the laws in the State of California.