These terms and conditions (“Terms”) apply to the Nonprofit CoLAB community, calls, and any other materials such as worksheet documents (“membership”) operated by or provided by Magnify Your Mission.
By signing up to the Nonprofit CoLAB or by downloading any of our materials, you agree to the following terms and conditions (“Terms”) and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice, or course of dealing.
The agreement between us and you, the person or entity registering to be a Participant in the membership or downloading any materials (“you”) and which is subject to these Terms (“Contract”), shall come into effect upon you purchasing the membership or downloading any materials from us and shall continue until terminated in accordance with these Terms.
This Agreement confirms that Magnify Your Mission (“Consultant” “we” or “us”), will provide coaching, consulting and/or educational services described Here
The services to be provided by the Consultant are organizational development, executive mentoring, organizational structure, business, fundraising, personal, and/or coaching, following the Magnify Your MissionTM Framework. Coaching, which is not advice, therapy, or counseling, may address specific personal and business projects, or general conditions in the client’s life or profession. Other coaching services include values clarification, brainstorming, identifying plans of action, developing systems, asking clarifying questions, and making empowering requests.
We believe that honest and open communication is the key to a successful relationship. As your trusted partner, we will always “show up” for our work together and we expect you to do the same. Ultimately, it is the way you “show up” that will dictate your success and results from our work together. We promise to always treat you with the utmost respect and courtesy. We greatly value this relationship so if at any point something is not working for you, let us know immediately so we can resolve the issue as quickly as possible.
Fees and Payment
When you sign this agreement, you agree to pay the monthly or annual fee. You agree to the minimum commitment of 6-month membership to build out your strategy.
You agree that you will be responsible for the full Fee regardless of whether you complete the program unless there is a breach of contract by the contractor.
All payments are expected to be made according to the schedule by check or credit card. Checks can be made and sent to:
Amy Fazio & Associates
974 Tulip Drive
New Brighton, PA 15066
In the event any payment due under this Agreement is late, except in case of contractor’s breach of contract terms, your participation in the program will be suspended until payment is made and if your payment is not received within thirty (30) days, we will turn your account over to collections. If your account is suspended, you will remain responsible for the full Fee, plus any additional charges incurred by us to engage the collections agency.
This Agreement will continue until (1) the client requests cancellation. Requests must be made within two weeks of the next scheduled payment (2) immediately if we give you written notice for good cause, which, in addition to a material default by you, includes if you do not complete your instructions/assignments or if you harass or otherwise disrespect our clients, employees and/or independent contractors, or (3) if there is a breach of contract by the contractor.
We value your trust and respect your right to privacy and confidentiality. We will not disclose or use any of your Confidential Information that we learn about during the course of our work together without your consent. If you participate in one of our group coaching packages, you agree to treat any information you learn about other group members as Confidential Information.
“Confidential Information” includes any information you disclose to us while we are working together. It does not include information that (1) is or becomes available to the general public, (2) is already known to us before you disclose it, or (3) that we rightfully receive from a third party.
In the event a dispute arises between us, both parties agree that the only option for resolving such dispute is the venue described in this Agreement. In the event of a dispute between both parties, you further agree that they will not engage in any conduct or communications, public or private, designed to disparage the other party.
Referrals to Other Services
We enjoy connecting you to top quality outside service providers, but any relationship you develop with these providers is between you and them. We can’t guarantee any product, offer or service offered by any third party. We encourage you to do your own research when deciding if a referral is a good fit for your needs.
All materials we provide to you, whether or not they are eligible for copyright or other intellectual property right protection, are for your use only and you are not authorized to share, copy, distribute, or otherwise disseminate the Materials without our prior written consent. All of our intellectual property, including all materials and trade secrets, processes, techniques and procedures, is our sole property.
You understand that nothing in this Agreement gives you a license to share, copy, distribute, trade, re-sell or otherwise exploit any Materials for any commercial or non-commercial purpose. You may not transfer or assign this Agreement without our written consent.
We are committed to helping you achieve your goals, but you are solely responsible for your progress and results from the Services. We have made every effort to accurately represent the Services, but ultimately, your participation and commitment to the program are up to you completely. We make no representations or guarantees regarding performance other than those specifically written in this Agreement.
Because of the nature of the Services, the results experienced by clients vary significantly. You accept responsibility for this variance. We are not responsible for any decisions you make as a result of the Services, or for any consequences of those decisions. Before making any business decisions, you agree to do your own due diligence and consult with your own qualified professionals, including an accountant, lawyer or other professional advisor.
You understand that we provide professional nonprofit management, leadership and transformational mindset coaching. Our Services are for educational purposes only and do not constitute counseling, psychotherapy or psychoanalysis or deal with the diagnosis or treatment of emotional problems. You acknowledge that we do not provide medical treatment and that you will seek medical, therapy or psychotherapy services, if needed.
Limitation of Liability
Both parties agree to release one another, our employees, associates, representatives, independent contractors and related entities, from any and all risks, foreseeable or unforeseeable, arising out of any transaction between us.
We will not be liable to you for any amount greater than the Fees paid by you to us during the three (3) month period preceding the date in which the cause of action arose. We will not be liable for any damages of any kind resulting or arising from your use or misuse of the coaching program or for any indirect, consequential or special damages in any form.
The parties agree to indemnify and hold harmless one another and our directors, employees, agents, assistants, attorneys and other representatives, as well as any predecessors, successors and affiliates (collectively hereinafter, “us” or “we”) from and against any and all claims, demands, causes of action, judgments, damages, losses, costs and expenses (including reasonable attorneys’ fees) (collectively, “Loss”) arising out of or incident to, either directly or indirectly, (1) any act or omission arising out of this Agreement, and (2) gross negligence or willful misconduct. Both parties will cooperate with one another and will provide reasonable assistance in defending any such claim(s).
Mediation, Arbitration, Applicable Law & Severability
The parties will attempt to resolve any dispute in connection with this Agreement on an amicable basis, through prompt, good faith discussions and non-binding mediation. Any dispute that cannot be resolved in this manner will be determined by final and binding arbitration in Pennsylvania, before a sole arbitrator who will award attorneys’ fees and other costs to the substantially prevailing party. The arbitration award will be in writing and will specify the factual and legal bases for the award. Judgment on the award may be entered in any court having jurisdiction. Notwithstanding anything in this Agreement to the contrary, if either party initiates arbitration before mediation, that party will be responsible for the other party’s attorneys’ fees and costs of arbitration.
This Agreement will be governed by Pennsylvania law, without regard to principles of conflicts of law. If any part of this Agreement is invalid or unenforceable or in conflict with the law of any controlling jurisdiction, that provision will be severed from this Agreement and the validity of the remaining provisions will not be affected.