Private Consulting
Terms and Conditions,
Disclaimers, and Policies

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Last​ ​Updated​ ​on August 29, 2024

NOTICE:​ ​These​ ​Terms​ ​and​ ​Conditions​ ​of​ ​Use​ ​are ​​legally​ ​binding.​ ​It​ ​is​ ​Your responsibility​ ​to​ ​read​ ​these​​ Terms​ ​and​ ​Conditions​ ​of ​Use​ ​carefully​ ​prior​ ​to​ ​purchasing consulting services.

This Private Consulting Agreement (hereinafter “Agreement”) is made effective as of the date You/Purchaser (hereinafter “Client”) checks the consent box when purchasing consulting services (hereinafter “Services”).

The Homeschool Express, a DBA of a corporation of the state of Texas (hereinafter referred to as "Consultant").

RECITALS:

WHEREAS, Client is desirous of implementing consulting services into Client's area of interest,
as discussed more fully below.

WHEREAS, Consultant is skilled and capable in the area(s) Client needs and would like to consult with Client.

NOW, therefore, in consideration of the promises and covenants contained herein,
the receipt and sufficiency of which is acknowledged, Client and Consultant do hereby agree as follows:

SCOPE
This Agreement sets forth the terms and conditions whereby Consultant agrees to provide professional consulting Services (as described below). Consultant will be engaged for the limited purpose of providing these Services to Client.

NO EMPLOYMENT
Neither party is by virtue of this Agreement authorized as an agent, employee, or legal representative of the other. Neither party shall have the power to control the activities and operations of the other and its status at all times will continue to be that of an independent contractor relationship.

CONSULTING TERMS
A consulting relationship is essentially a relationship whereby the Consultant assists Client in meeting Client’s potential within the area(s) the consulting relationship is meant to focus on.

Client hereby acknowledges and agrees:

a.) Client is solely and exclusively responsible for the choices that Client makes with regard to this consulting relationship, as well as the Consultant's recommendations and input.

b.) Client is solely and exclusively responsible for Client’s own mental health, physical health, business decisions, and any other actions or inaction Client chooses to take.

c.) Consultant is not liable for any result or non-result or any consequences which may come about due to Client’s relationship with Consultant.

d.) Consulting is not a therapeutic relationship or a medical one. Consultant may not provide therapy or medical services and Client is responsible for procuring these services at Client’s own will and discretion if needed.

DESCRIPTION OF SERVICES
You hereby engage the Consultant, and the Consultant accepts such engagement to provide the following consulting services for Client (hereinafter, the "Services"):

Consulting about homeschooling/unschooling/worldschooling in our modern world and sharing the realities of Homeschooling 2.0 with Client. The Consultant will share personal experiences and answer any questions Client may have (to the best of the Consultant's ability). The Consultant will also introduce the Client to other reputable sources (if/when needed).

Consultant and Client will use the following methods of contact for meetings throughout the consulting relationship:

The Consultant and Client will determine which methods of contact will be preferable for efficient and effective communication (either through Zoom meetings, phone calls, emailing, and/or messaging on various social media platforms).

Consultant may agree in a separate, written document to expand the scope of Services to include additional tasks. Such written documents may be informal, such as an email and will include additional fees, as applicable. These Services will be confirmed and accepted by Client before they commence.

AVAILABILITY & SCHEDULE
Consultant and Client agree to execute consulting meetings on agreed upon dates/times.

Examples:

 - Specific Date and Time, e.g., January 24th at 2pm.

 - Multiple Specific Dates and Times, e.g., January 24th and February 24th at 2pm.

 - Specific Recurring Dates and Times, e.g., Mondays & Wednesdays, 3-5pm.

The length of each consulting meeting shall be determined and confirmed by both Parties in writing.

Consultant and Client may agree to a change of the schedule. Consultant and Client may also agree to adjust each meeting’s length on a per meeting basis. All changes and/or adjustments must be in writing and confirmed, in writing, by both Parties.

HOLIDAYS
Consultant will be unavailable on all holidays unless an agreed-upon time falls on a holiday and is re-confirmed, in writing, by both Consultant and Client.

RESPONSE TIME
Client agrees to respond to Consultant no later than 24-hours after being reached out to for communication.

In the event of an emergency or other similar conflict, Consultant will give the Client as much notice as possible if there is the possibility of interruption to the Services, whether that interruption is temporary or long-term.

FEES AND EXPENSES
Client(s) will be billed through a third-party invoicing system, to be paid in advance of the meeting.

The per meeting fee(s) will vary depending on the agreed upon length of the meeting(s).

Consultant will not reserve meeting times until payment is received in full.

CANCELLATION & RESCHEDULE POLICY
Client or Consultant may, from time to time, need to cancel or reschedule any of the consulting meetings. If Consultant is responsible for the reschedule, Consultant will notify Client and will be available to and reschedule with Client for the soonest possible date. If Client is responsible for the cancellation or reschedule, Client agrees to notify Consultant no less than 24 hours prior to the scheduled meeting. If Client cancels or reschedules within the 24-hour period, Client agrees that Consultant will credit Client’s monies spent towards the rescheduled meeting. The Parties will then attempt to reschedule the meeting in good faith. If Client cancels or needs to reschedule within the 24-hour period a second time, for the already rescheduled meeting, no credit/refund will be given (unless there is an unavoidable emergency, and this is at Consultant's sole and exclusive discretion).

REFUND POLICY
All refunds are discretionary as determined by Consultant and The Homeschool Express. As a rule, there will be no credits/refunds after a consulting session/meeting has concluded or been canceled/rescheduled for a second time within the 24-hour period leading up to the confirmed meeting time. However, Consultant and The Homeschool Express are always trying to improve Our Services and provide as much value as possible. If for any reason You feel as if the Services did not live up to Your expectations, please contact Us with Your feedback. We will be eager to explore any possible remedies with You to ensure You are satisfied with Our Services.

TAXES
Client and Consultant shall each be solely responsible for all of their federal, state, and local taxes.

NON-EXCLUSIVITY
Consultant may be engaged or employed in any other consulting business, trade, profession, or other activity which does not place Consultant in a conflict of interest with the Client. Client hereby explicitly acknowledges and agrees that Consultant may be engaged or employed with any other business or industry.

RECORD RETENTION POLICY
Consultant and Client hereby acknowledge and agree that they have specifically discussed that Consultant does not maintain a record retention policy and that communications, documents, information, and notes related to Client may be discarded immediately after the end of the consulting relationship.

CONFIDENTIALITY
The existence of this consulting relationship, as well as any information that Consultant receives from Client, are to be fully and completely confidential under the terms of this Agreement. Client hereby acknowledges and agrees, however, that a Consultant-Client relationship is not considered a legally confidential relationship and therefore communications between Consultant and Client are not subject to any legal confidentiality requirement or privilege. Consultant will not, however, disclose Client's name or any of Client's information without Client's consent, unless subject to a legal requirement, such as a court order, subpoena, or law enforcement inquiry. It will be the Client's responsibility to address any confidentiality issues with the Consultant.

Confidential information under this Agreement shall specifically not include the following categories: (1) information that is generally known to the public or known to Client's specific industry, (2) information freely given by Client to any third-party; (3) information received by Consultant from any source that is not Client; (4) information in Consultant's possession prior to this contractual Agreement; (5) information developed independently by the Consultant; (6) information which is received by the Consultant from the Client but that may imminently harm the Client or another individual; or (7) information about any illegal activity.

WARRANTIES
Consultant represents and warrants that Consultant has the knowledge, skills, and experience necessary to provide the Services. Consultant agrees that during the term of this Agreement, Consultant will agree to provide the Services at the request of the Client.

TERMINATION
This Agreement will automatically terminate after the agreed-upon amount of consulting meetings have been completed. The Parties may choose to renew this Agreement, if so - the notice must be in writing, e.g., an email or message confirming another agreed upon meeting time. If the Parties agree, this Agreement will continue for a term which is the exact same as the original term. If there are any changes to the terms, those changes must be in writing.

The Parties may also terminate this Agreement prior to its natural expiration under certain circumstances.

This Agreement may be immediately terminated in the event that there is a breach of the terms by either Party. For a material breach, the Parties are required to give notice, in writing, specifying what the breach was, but do not have to give advance notice to terminate the Agreement.

This agreement will also immediately terminate upon the death of the Consultant or Client, the inability of the Consultant to perform the Services because of a sudden and medically documented physical or mental disability, the liquidation, dissolution, or discontinuance of the business of the Client in any manner, or the filing of any petition by or against the Client or Consultant under federal or state bankruptcy or insolvency laws.

This Agreement may also be terminated by either Party in writing for any reason. A 48-hour notice shall be given before termination: 48 hours.

INTELLECTUAL PROPERTY
Consultant and Client agree that all inventions, trade secrets, confidential and/or proprietary information, and work-product conceived, created or developed by each of the Parties, respectively, will be the sole and exclusive property of the Party to whom the information originally belonged. There shall be no transfer of intellectual property through this Agreement.

All copyrights, patents, trademarks, or other intellectual property shall stay with the original Party owner.

PORTFOLIO USE
As described above, Consultant shall be permitted to use all produced items of work Consultant's professional portfolio, if applicable, but may not use Client's name, likeness, or other identifying details without express written permission from the Client.

LIMITATION OF LIABILITY
Consultant's liability in contract, tort or otherwise arising through or in connection with this Agreement or through or in connection with the completion of obligations under this Agreement shall be limited to Fees paid by the Client to the Consultant. To the extent it is lawful, neither Party shall be liable to the other Party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs, or expenses of any nature whatsoever incurred or suffered by that other Party of an indirect or consequential nature including without limitation any economic loss, data loss, loss of goodwill, or other loss of turnover, profits, or business.

INDEMNIFICATION
Consultant and Client shall each defend, indemnify, and hold the other harmless (including all affiliates, officers, directors, employees, agents, successors, and assigns) from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorneys' fees) arising out of or resulting from bodily injury, death of any person, or damage, real or intangible, to personal property resulting from the other's acts or omissions or the breach of any representation, warranty, or obligation under this Agreement.

ENTIRE AGREEMENT
Before You purchase Services on Our Website or make any purchases therefrom, You will be asked to consent. If You have consented, or once You do consent, these Terms and Conditions and the information contained herein constitutes the entire Agreement between Client and Consultant site relating to Consulting Services. This Agreement may be changed, modified, or discharged only if agreed to in writing by both parties.

HEADINGS FOR CONVENIENCE ONLY
Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.

NO WAIVER
In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

SEVERABILITY
If any part(s) of these Terms and Conditions are deemed unlawful, invalid, and/or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

SURVIVAL
Any provision of this Agreement which by its terms imposes continuing obligations on either of the Parties shall survive termination of this Agreement.

FORCE MAJEURE
Consultant is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

LAW AND JURISDICTION
You explicitly consent to personal jurisdiction of an exclusive venue in the federal and state courts located in and serving Austin, Texas by checking the consent box to these Terms and Conditions when You are purchasing consulting Services. You agree that any dispute related to these Terms will be governed by the laws of the State of Texas, excluding its conflicts of law provisions. You agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.

DISPUTE RESOLUTION
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the Governing Law provision of this Agreement. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of Texas. In any arbitration or litigation, all the reasonable costs and expenses of the successful party ("Successful Party") including reasonable attorneys' fees and expenses, all fees and expenses of experts retained by the Successful Party and all costs of the arbitrator shall be borne by the losing party ("Losing Party"). Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Coach will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.

ARBITRATION
The arbitration shall be conducted in the following county: Travis County. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following state: Texas. In any arbitration or litigation, all the reasonable costs and expenses of the successful party ("Successful Party") including reasonable attorneys' fees and expenses, all fees and expenses of experts retained by the Successful Party and all costs of the arbitrator shall be borne by the losing party ("Losing Party"). Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes, or regulations. Intellectual property claims by Us will not be subject to arbitration and may, as an exception to this subpart, be litigated. In agreement with this sub-part of this Agreement, You waive any rights to a jury trial in regard to arbitral claims.

BENEFIT
This Agreement shall be binding upon and shall inure to the benefit of each of the parties hereto, and to their respective heirs, representatives, successors, and assigns.

NOTICES
All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") shall be in writing. All notices shall be delivered by email or at the address which the parties may designate to each other through personal delivery, nationally recognized overnight courier (with all fees prepaid), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only if (a) the receiving party has received the Notice and (b) the party giving the Notice has complied with the requirements of this Section.

CONSENT
By checking the consent box when purchasing consulting Services, You hereby consent to Our Terms and Conditions of Use and this Agreement.

ALL RIGHTS RESERVED
All rights not expressly granted in these Terms and Conditions of Use or any express written here, are reserved by The Homeschool Express.

CONTACT INFORMATION
If You have any questions or require any more information about Our Terms and Conditions of Use, Disclaimers, or Policies, please feel free to contact Us by email at [email protected].