Terms of Service

1. Eligibility

You must be at least 18 years old and legally able to enter into a binding contract to use the Site or engage our Services. By using the Site or Services, you represent and warrant that you meet these requirements.

2. The Services

Black Bird Consulting provides life coaching, brand development, media production, and creative business strategy services. The specific scope, deliverables, milestones, timeline, and fees for each engagement are set out in a separate written agreement, statement of work, or proposal signed by both parties (each, an "Engagement Agreement"). In the event of any conflict between these Terms and an Engagement Agreement, the Engagement Agreement controls for that engagement.

3. Not Professional Advice

Coaching and consulting services are intended to support your personal and professional growth. They are not a substitute for medical, psychological, psychiatric, legal, accounting, tax, or financial advice. We are not licensed therapists, attorneys, or financial advisors, and nothing we provide should be interpreted as professional advice in those areas. You are solely responsible for the decisions you make and the actions you take, and you should consult appropriate licensed professionals where needed.

4. Client Responsibilities

You agree to:

• Provide complete, accurate, and timely information needed for us to perform the Services;
• Show up for scheduled sessions and respond reasonably promptly to communications required to keep the engagement on track;
• Use the Site and any materials we provide only for lawful purposes and in accordance with these Terms;
• Respect the confidentiality of any proprietary information, frameworks, or content shared with you during the engagement.

5. Fees and Payment

Fees, payment amounts, and payment schedules are set out in your Engagement Agreement. Unless otherwise specified in writing:

• Invoices are due upon receipt and may be paid through any payment method we accept (typically Stripe or Square);
• A deposit or retainer may be required to begin work, and work does not commence until the deposit is received;
• Overdue balances may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law, and we may suspend or terminate Services while amounts are past due;
• You are responsible for any fees, taxes, or duties applicable to your jurisdiction.

6. Refunds and Cancellations

Deposits, retainers, and fees for completed work or work in progress are non-refundable, except as expressly provided in your Engagement Agreement or as required by applicable law.

Coaching sessions and appointments may be rescheduled with at least 24 hours' advance notice at no charge. Cancellations or no-shows with less than 24 hours' notice may be charged at the full session rate, unless the Engagement Agreement states otherwise.

Either party may terminate an ongoing engagement with written notice as specified in the Engagement Agreement. You remain responsible for fees earned through the effective termination date.

7. Confidentiality

We treat client communications, session content, and any non-public business information disclosed in the course of an engagement as confidential. We will not disclose such information to third parties except: (a) to trusted contractors or service providers bound by confidentiality obligations; (b) as required by law or legal process; or (c) with your written consent.

You likewise agree to keep confidential any proprietary frameworks, materials, pricing, or strategies we share with you during the engagement, and to use them only for the purposes of the Services.

8. Intellectual Property

All content on this Site, including text, graphics, logos, images, media, and the overall design, is owned by Black Bird Consulting or its licensors and is protected by copyright, trademark, and other applicable intellectual property laws. You may not copy, reproduce, republish, distribute, modify, or create derivative works from Site content without our prior written permission, other than for personal, non-commercial browsing.

Ownership of deliverables produced under a client engagement (brand strategy documents, creative assets, video, photography, and so on) is governed by the Engagement Agreement. Until all fees for a given deliverable are paid in full, we retain all rights to that deliverable. Unless the Engagement Agreement says otherwise, we retain the right to use general knowledge, skills, and concepts developed during an engagement, and to feature the work in our portfolio and marketing.

9. Testimonials and Results

Any testimonials, case studies, or examples of client outcomes shared on the Site reflect the experiences of specific clients. Results vary based on individual effort, circumstances, market conditions, and many other factors. We do not guarantee specific outcomes, income, or results from our Services.

10. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLACK BIRD CONSULTING DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY SPECIFIC RESULT WILL BE ACHIEVED.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BLACK BIRD CONSULTING, ITS OWNERS, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE, OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR AN ENGAGEMENT WILL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT ON WHICH THE CLAIM IS BASED.

12. Indemnification

You agree to indemnify, defend, and hold harmless Black Bird Consulting and its owners, employees, contractors, and affiliates from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your breach of these Terms or any Engagement Agreement, (b) your use or misuse of the Site or Services, (c) content or materials you provide to us, or (d) your violation of any law or the rights of any third party.

13. Third-Party Services

The Site and Services may incorporate or link to third-party tools, websites, or services (such as payment processors, scheduling platforms, hosting, and analytics). We do not control those third parties and are not responsible for their content, policies, or practices. Your use of any third-party service is at your own risk and subject to that provider's terms.

14. Termination

We may suspend or terminate your access to the Site or Services, in whole or in part, at any time, with or without notice, if we reasonably believe you have violated these Terms or if we discontinue the Site or Services. Sections intended to survive termination (including intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and governing law) will continue in effect after termination.

15. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the United States and the state in which Black Bird Consulting LLC is organized, without regard to conflict of law principles. The parties will attempt in good faith to resolve any dispute arising out of or related to these Terms through direct negotiation before pursuing other remedies. If the dispute cannot be resolved informally, it will be brought exclusively in the state or federal courts located in that jurisdiction, and each party consents to personal jurisdiction there.

16. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date at the top of this page. If the changes are material, we will provide a more prominent notice. Your continued use of the Site or Services after an update means you accept the revised Terms.

17. Miscellaneous

These Terms, together with any Engagement Agreement and our Privacy Policy, constitute the entire agreement between you and Black Bird Consulting regarding the Site and Services. If any provision is held unenforceable, the remaining provisions will remain in full force. Our failure to enforce any right or provision is not a waiver of that right or provision. You may not assign these Terms without our prior written consent; we may assign them freely.

18. Contact

Questions about these Terms can be directed to: