LEIGH WELCH

By working with Leigh Welch Consulting LLC ("Consultant," "we," "us," "our," or "LWC"), whether via specific contract or via web purchases of services via Calendly, you agree to the below Terms of Service ("Terms").

Retention of Services
You are engaging Consultant to provide advisory services (collectively, the “Services”) pursuant to terms outlined herein. The Services to be performed by Consultant shall specifically be outlined in Statements of Work (“SOW”) that are to be agreed upon by the parties prior to the initiation of a project or via the terms outlined below under "Power Sessions."

Compensation
You will pay Consultant for the Services, expenses, and other fees chargeable in accordance with the applicable SOW or Power Session. Any amount due from you to Consultant that is not paid when due will bear interest at the rate of one percent (1%) per month (or such lower rates, if any, as is the maximum permitted under applicable usury law) from the date such payment is due until paid. Consultant shall be entitled to all of its costs of collection of amounts outstanding hereunder, including without limitation, Consultant’s attorneys’ fees related to any action brought by Consultant to collect an amount owed by Company. Company will be responsible for any taxes associated with the Services provided under the applicable SOW (other than taxes based on Consultant’s income) or pursuant to the terms outlined below under "Power Sessions."

Your Obligations
Consultant’s ability to perform its Services may be dependent on you fulfilling your obligations, including timely communication, approvals and provision of information and documentation, as well as any other specific obligations outlined in an SOW or Power Session. Consultant shall not be liable for any costs, charges or losses sustained by you arising directly from any failure of yours to fulfill your obligations.

Ownership of Deliverables
Any work product or deliverables (collectively, the “Deliverables”) that are prepared for you by Consultant in the course of its provision of the Services shall be your exclusive property. Consultant shall be deemed to have assigned and conveyed all of its right, title, and interest in and to such Deliverables to you. Notwithstanding the foregoing, Consultant shall maintain ownership of any general materials that are not specific to you that are incorporated into or utilized by a Deliverable (collectively, the “Consultant Materials”). To the extent that the Consultant Materials are incorporated into the Deliverables, Consultant hereby grants you a license to use, reproduce, and distribute the Consultant Materials in connection with your use of the Deliverables.

Warranties & Disclaimers
Consultant warrants that each of its employees, agents or representatives assigned to provide Services shall have the proper skill, training and background so as to be able to perform such Services in a professional, competent and workmanlike manner in accordance with the prevailing standards in Consultant’s industry. EXCEPT AS EXPRESSLY SET FORTH ABOVE, CONSULTANT DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE SERVICES AND THE DELIVERABLES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, TITLE, MERCHANTABILITY AND THOSE THAT MAY ARISE FROM ANY COURSE OF DEALING OR PERFORMANCE. AS THE DELIVERABLES ARE PROVIDED AT THE REQUEST AND DIRECTION OF YOU, THE DELIVERABLES ARE PROVIDED “AS IS.”

limitation of Liability
In no event shall either party be liable, whether in contract, tort or otherwise, for any incidental, consequential, special, exemplary, punitive or indirect damages, losses, expenses or costs of any kind arising out of your engagement with Consultant, even if advised of the possibility. Each party’s total liability shall be limited to the fees paid or payable by you.

Confidential Information
It is anticipated by the parties hereto that, during the term of your engagement with Consultant, each party will necessarily acquire knowledge of the business, trading practices, operations, trade secrets, software, designs, data, and fiduciary relationships of other party (collectively, the “Confidential Information”). Confidential Information does not include information which: (a) is rightfully known by the recipient of the Confidential Information (the “Receiving Party”) prior to provision by the discloser of the Confidential Information (the “Disclosing Party”); (b) is or later becomes part of the public domain without breach hereof by the Receiving Party; or (c) is independently developed by the Receiving Party without any reliance on any Confidential Information provided hereunder. The Receiving Party agrees to maintain the confidentiality, and to contractually require its employees, subcontractors, and agents to maintain the confidentiality of the Confidential Information. The Receiving Party shall, upon termination of your engagement, or upon demand of the Disclosing Party, return any and all Confidential Information and any and all documents or other media containing Confidential Information, including any copies or reproductions of any portion thereof, to the Disclosing Party. The Receiving Party shall not disclose the Confidential Information of the Disclosing Party to any third party without the express written consent of the Disclosing Party.

No Exclusivity
Your Agreement or Power Session Engagement is nonexclusive. Consultant may contract to provide services to others only to the extent that such does not conflict with the provision of Services under your Agreement and SOW or Power Session Engagement, including without limitation Section 7 (Confidential Information above).

Term & Termination
Services via Services Agreement. The term of Consultant’s engagement under this Agreement shall commence on the Effective Date and shall continue thereafter until the agreed upon term stated in Exhibit A has expired or the Agreement is terminated by the parties. Each party shall have the right, upon thirty (30) days written notice to the other party, to terminate this Agreement whether or not the other party is in default or in breach. Upon termination of the Agreement, Consultant shall be entitled to payment under Section 2 hereof with respect to provable charges earned and reimbursable expenses incurred up to the effective date of the termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, provisions addressing ownership, warranties, disclaimers and limitations of liability.

Services via Power Session. The term of Consultant's engagement for a Power Session shall commence on the scheduled Power Session date and shall continue thereafter for the duration of that specifically scheduled Power Session. Should you 'early' cancel or request a reschedule in writing at least 24 hours prior to your scheduled Power Session, Consultant will act in good faith to reschedule at a later time convenient to both parties. In the event that a reschedule is not possible or desired by you, Consultant reserves the right to withhold refunding your payment. In the event that you do not request a reschedule pursuant to these terms and 'no show' to the Power Session, no refund will be provided at any time. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, provisions addressing ownership, warranties, disclaimers and limitations of liability.

Power Sessions
Description of Services. 1-hour advisory session pursuant to the topic of your choice and dependent on Consultant's then expertise.

Deliverables. There are no specific deliverables promised, other than Consultant's time given for the session, during or at the outcome of a Power Session.

Payment Terms. You shall compensate Consultant for the Power Session upon scheduling of the session and at Consultant's current rate. Consultant reserves the right to change her rate at any time and without notice to you.

General Provisions
These Terms constitutes the entire agreement between the parties with respect to the subject matter hereof; and supersedes all proposals, oral or written, and all other communications between the parties with respect to such subject matter.

These Terms may not be amended, or modified, except in a writing signed by the party to be charged therewith.

No failure or delay of either party to exercise any rights or remedies under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any rights or remedies preclude any further or other exercise of the same or any other rights or remedies, nor shall any waiver of any rights or remedies with respect to any circumstances be construed as a waiver thereof with respect to any other circumstances.

These Terms shall be governed by and construed in accordance with the laws of the State of Indiana, and all proceedings relating to the subject matter hereof shall be maintained exclusively in the courts of Marion County, Indiana, and each party hereby consents to personal jurisdiction and venue therein and hereby waives any right to object to personal jurisdiction or venue.

In the event that any provision of these Terms is held invalid or unenforceable in any circumstances by a court of competent jurisdiction, the remainder of these Terms, and the application of such provision in any other circumstances, shall not be affected thereby.

These Terms do not constitute a contract of employment. The parties intend and agree that Consultant shall serve as an independent contractor. Nothing contained in these Terms shall be construed to place the parties in a relationship of partners, joint venturers, principal and agent, or employer and employee.

Any notice required or permitted to be given hereunder shall, except where specifically provided otherwise, be given in writing to the addresses specified herein and will be effective at the earlier of when received or five (5) days after mailing if mailed United States mail, first-class, postage pre-paid.

It shall not constitute a breach of any warranty hereunder if a breach hereunder (other than the failure to pay any amounts due hereunder) is caused by, or results from, an event beyond the reasonable control of a party including any act of nature, act of war or terrorism, acts of government, accidents that could not have been prevented through the exercise of reasonable precautions, and power or telecommunication outages (“Force Majeure Event”). The party whose performance is prevented, hindered or delayed by a Force Majeure Event shall immediately notify the other party as quickly as practicable of the occurrence of the Force Majeure Event, and shall describe in reasonable detail the nature and estimated duration of the Force Majeure Event.

These Terms may be executed in several counterparts, each of which will be deemed an original but all of which will constitute one and the same instrument.

By executing a specific Agreement with these Terms outlined therein and/or by purchasing a Power Session, you agree to be bound by these Terms.

Effective Date: The Terms of Service outlined herein is effective as of 05/09/2024. This date marks when the current version of the Terms come into force and replaces any previous versions.

This Privacy Policy outlines how Leigh Welch Consulting LLC ("we", "us", "our," or "LWC") collects, uses, maintains, and discloses information collected from users ("you" or "your") of our website www.leighwelchconsulting.com ("Website"). This Privacy Policy applies solely to information collected by this Website.

Information Collection
We may collect personal identification information from you in various ways, including but not limited to when you visit our Website, fill out a contact form, subscribe to our newsletter, or otherwise interact with our Website. The personal information we collect may include your name, email address, phone number, and any other information voluntarily submitted by you.

Use of Information
We may use the information we collect from you for the following purposes:
     (a) To personalize your experience on our Website and to improve our services.
     (b) To send periodic emails or newsletters regarding our services, promotions, or other relevant information.
     (c)  To respond to your inquiries, questions, and/or other requests.

Protection of Information
We adopt appropriate data collection, storage, and processing practices and security measures to protect against unauthorized access, alteration, disclosure, or destruction of your personal information collected by our Website.

Sharing Personal Information
LWC is committed to maintaining the confidentiality and integrity of the data collected through our website.  This section outlines our practices regarding the sharing and disclosure of the information we handle.

Limited Sharing of Data
(a) No Sharing with Third Parties or Other Users: We firmly adhere to a policy of not sharing, selling, or leasing your data with third parties or other users for any commercial purposes.

(b) No Disclosure for Marketing Purposes: Your data is not used for marketing purposes by third parties, nor do we engage in the practice of exchanging data with other companies for commercial benefits.

Circumstances for Disclosure
(a) Despite our policy of limited data sharing, there are specific circumstances under which your data may be disclosed:

(b) Legal Requirements and Compliance: In certain situations, LWC may be required to disclose data if it is necessary to comply with a legal obligation, such as a court order, subpoena, or other legal processes. In such cases, disclosure will only be made to the extent necessary to comply with the law.

(c) Protection of Rights and Safety: We may disclose data when we believe it is necessary to investigate, prevent, or take action regarding potential illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our terms of service.

(d) With Your Consent: Apart from the above circumstances, we may share your information with third parties only when we have your explicit consent to do so.

Control and Rights
This section details the rights you have regarding your data and the processes we have established for you to exercise these rights. You have the right to update their personal information at any time. To update, please contact our support team for assistance at leigh@leighwelchconsulting.com. We are committed to responding promptly to your inquiries and requests. You have the right to request the deletion of your personal information from our systems. You can make this request by contacting us directly at leigh@leighwelchconsulting.com. In some cases, we may be required to retain certain information for legal, auditing, or internal analysis purposes. In such instances, we will inform you of the reasons why some data cannot be deleted.

Children’s Privacy
LWC is committed to protecting the privacy of children. We do not knowingly collect or solicit personal information from individuals under the age of 18. If we become aware that we have inadvertently received personal information from a child under the age of 18, we will take steps to delete that information from our records promptly. Parents or guardians who believe that their child under the age of 18 has provided us with personal information can contact us to request access to, correction of, or deletion of this information.

LWC is dedicated to complying with all applicable laws and regulations regarding the collection of personal information from children, including the Children's Online Privacy Protection Act (COPPA) in the United States. We will make every effort to ensure that our practices adhere to the highest standards of child data protection.

Policy Updates
Our Privacy Policy may be updated from time to time. This section outlines our approach to updating this policy and how we will communicate changes to you. Updates to our Privacy Policy may be necessitated by new legal requirements, changes in our business operations, or advancements in technology. We are committed to maintaining a policy that accurately reflects our data collection and processing practices. Our team regularly reviews our Privacy Policy to ensure that it remains comprehensive, compliant with applicable laws, and aligned with industry best practices. When we make any significant changes to our Privacy Policy, we will inform you through our website. The most current version of our Privacy Policy will always be accessible on our website. We encourage you to periodically review the policy to stay informed about how we are protecting your personal information.

Effective Date
Changes to the policy will become effective as of the date stated in the updated policy. The effective date will be clearly indicated at the top or bottom of the policy document. Continued use of our website after the effective date of any changes will constitute acceptance of the revised policy. If you do not agree with the changes, you should discontinue using our website.

Contact Information
If you have any questions about LWC's Privacy Policy, please contact us at: leigh@leighwelchconsulting.com.

Effective Date: The Privacy Policy outlined herein is effective as of 05/09/2024. This date marks when the current version of the policy comes into force and replaces any previous versions.