The individual or entity purchasing (“Client”) the Aligned Action Accelerator Call (“Package”) agrees to purchase and Highgood Ventures (“Company”) agrees to provide the Package focused on business operations strategy in accordance with the terms of this Agreement. For mutual consideration, the receipt and sufficiency of which is acknowledged, the Client and Company (individually, “Party” and collectively “Parties”) agree as follows:
TERMS AND CONDITIONS
Scope of Services
These terms and conditions (the “Ts and Cs”) govern the Package. These Ts and Cs constitute the entire agreement (“Agreement”) between the parties. Client has chosen Company’s Aligned Action Accelerator Call. The objective of the Package is providing strategic operational insight and recommendations to improve the Client’s business. Company will provide Client with the following services and works (collectively, “Services”):
Pre-call questionnaire to help the Parties prepare for the live call
One (1) 90-minute call (the “Session”) led by Company, recorded and shared with Client
Custom 90-day action plan (the “Plan”) provided within five (5) business days of the Session
30-minute live review (the “Review”) of the Plan within ten (10) business days of delivery of the Plan
Participation in the Session constitutes consent to such recording and documentation which will be shared with and retained by the Company in accordance with Company’s Privacy Policy.
The Package will cover topics such as strategic planning, marketing strategy, operations management, etc. and will result in the creation of the Plan tailored to Client’s business and based on our discussion in the Session.
The date of delivery of the Plan shall be deemed to be the date on which the Company transmits the Plan to the Client via the Client’s designated email address on file with the Company, regardless of when or whether the Client accesses, opens or reviews the Plan. If the Client does not schedule and/or attend the Review call within the ten (10) business day period, the entitlement to the Review may be forfeited at the Company’s sole discretion.
Term
Company will provide the Services beginning on the date of the Client’s online purchase of the Services and continue until the Services are completed (“Term”) in accordance with the terms of this Agreement or unless otherwise extended or terminated in accordance with the terms of this Agreement.
Hours of Service
Company will provide the Services between Monday and Friday (each day a “Business Day”) between 09:00 (9:00 a.m.) and 17:00 (5:00 p.m.). Company will provide notice to Client of any vacation or days they intend to be offline. Any requests for Services outside these hours will be at Company’s discretion and may be subject to an additional fee to be communicated in advance. Company will not provide the Services on any statutory holidays either federally or in the province of Ontario unless otherwise agreed on by the parties and which may be subject to an additional fee to be communicated in advance.
Communication with Company
All communication between Client and Company is to be through email.
Client Requirements
During the Term, Client agrees to maintain communication and provide all information and feedback needed for Company to carry out their obligations under this Agreement. Client agrees to engage fully in the Session and provide complete and accurate information regarding Client’s business and its operations. Client acknowledges that their participation is a key factor in the success of the Package and in creating an effective Plan. Parties agree to inform the other using reasonable efforts should a delay occur or be expected to occur. If Client does not maintain communication or provide Company with information as requested, Company may, in their discretion, delay the delivery of Services.
Storage of Files
Company will store and back-up all digital copies of files until the final works are provided to Client. Upon delivery, Client is solely responsible for ensuring safe storage of the final works and understands Company is not liable for any lost or damaged deliverables.
PAYMENT
Fees and Payment Method
In exchange for the Services, Client agrees to pay at the time of booking the total Session fee plus all applicable sales taxes (collectively the “Total Fee”) as set forth on the Company’s website. The Total Fee is payable by credit card.
Rush Fee
If Client requests Company to expedite the Services, Company may charge Client a rush fee (“Rush Fee”). The Rush Fee is CAD$350. The revised timeline must first be agreed on by the Parties in writing but shall be no less than two (2) business days.
Credit Card Authorization
Client authorizes Company to charge all payments owing under this Agreement to Client’s credit card or via any third-party payment providers used to process transactions until full payment has been received. If Client cancels or replaces credit card, Client must immediately provide Company with new credit card information.
SCHEDULING, RESCHEDULING, CANCELLATION AND REFUNDS
Scheduling
Once the Session is paid, the Session must occur within ninety (90) days. Sessions not redeemed within ninety (90) days will be forfeited.
Rescheduling
If a Party wishes to reschedule any Services, the Party making the request must provide not less than 2 business days’ notice to the other Party. Client understands that providing notice will not relieve Client of any payment obligations under this Agreement and no refund of any amounts paid under this Agreement will be provided. If a Session is rescheduled with less than two (2) business days’ notice, a fee of CAD$250 is due upon booking the rescheduled Session.
Cancellation by Client
In the event Client wishes to cancel the provision of any Services, Client must provide not less than 2 business days notice. Client understands that providing notice will not relieve Client of any payment obligations under this Agreement and no refund of any amounts paid under these Terms and Conditions will be provided.
Cancellation by Company
In the event Company wishes to cancel the provision of any Services, Company must provide not less than 2 business days notice. If Company wishes to cancel the provision of any Services, a refund of the Total Fee shall be submitted to the third-party payment provider within five (5) business days.
Refunds
If Client reschedules or cancels this Agreement for any reason whatsoever, Client is not entitled to any refund of any amounts previously paid to Company. Company may provide a refund in limited cases of Client cancellation where it deems, in its sole discretion, to be appropriate and in an amount to be determined by Company on a case-by-case basis.
End of Agreement
This Agreement will end when Client has paid the Fee in full to the Company and the Company has performed the Services as set out in this Agreement. Any provisions that survive the early termination or end of this Agreement will remain in full force and effect.
CONFIDENTIALITY AND PRIVACY
Confidentiality
The Parties acknowledge that during the Term, certain confidential information may be disclosed to the other Party, either orally or in writing. For the purpose of this Agreement, “Confidential Information” means information that is of value and is treated as confidential and proprietary by its owner, and includes, but is not limited to, business records, financial data, marketing and/or operations strategies, advertising campaigns, inventions, client or customer lists and information, personal data, software, operation manuals, social media account metrics, passwords, intellectual property, trade secrets and the contents of this Agreement. Client and Company each agree not to disclose to any other person or entity or make use of the Confidential Information without the express written consent of the other, except to the extent that such disclosure is necessary to carry out their duties under this Agreement or as required by law. At the end of the Term or early cancellation of this Agreement, each Party will remain bound by their duty of confidentiality to the other.
Privacy Policy
Company may collect personal information during the Term, including Client name, address, email address, phone number, billing information, financial and business information, or other personal information. By providing any personal information to Company, Client consents and grants Company permission to use and store such information in order to facilitate the Services. Client acknowledges and consents to the use of technology, telephones, e-mails, applications, artificial intelligence platforms, third-party platforms that use video and audio, and third-party payment providers to be used by Company in order to deliver the Services. Client confirms Company is not responsible for the terms and policies of any third-party platforms or tools and it is Client’s responsibility to review third-party privacy policies and terms and conditions.
INTELLECTUAL PROPERTY
Ownership of Rights
All materials provided as part of the Package, including, without limitation, any documents, tools, and recommendations (the “Materials”), shall remain the sole property of the Company and are protected under applicable copyright, trademark, and other intellectual property laws. The Client is granted a limited, non-exclusive licence to use the Materials for their own internal, non-commercial purposes on the condition that all copyright and other proprietary notices are preserved. Any unauthorised use, reproduction, distribution, or disclosure of the Materials beyond what is expressly permitted is strictly prohibited.
Exclusion
The rights granted to Client in the works as part of the Services does not include any working files, draft designs, discarded concepts or the rights to any items developed by Company prior to the acceptance of these Ts and Cs or independently developed by Client and incorporated into the work, including but not limited to themes, design elements, worksheets and templates that are proprietary to Company.
OBM Warranty
OBM warrants to Client that, to the best of their knowledge and belief, any works provided to Client as part of the Services do not infringe on any third-party copyright or intellectual property rights.
Client Warranty
Client warrants to Company that any information or material provided to Company is not protected by any third-party copyright or any third-party intellectual property rights and that Company can use all information provided by Client lawfully.
RELEASE, INDEMNITY AND WAIVER
Approval of Works
Client is solely responsible to ensure all works provided as part of the Services are accurate, complete, and free of errors, including grammatical or spelling errors prior to usage. Client understands they are solely responsible for any costs, losses, charges, or expenses related to any works that Client has approved and assumes full responsibility for same. Company will send all works to Client via email.
Professional Disclaimer
Client understands and agrees that in using the Services, Company is not providing individual legal, tax, or accounting advice nor are the Services intended to be a substitute for professional legal, tax or accounting advice. Any information provided is for general information and educational purposes only.
No Warranty
Client acknowledges Company makes no warranty that the Services will lead to any specific Client goal, financial success or particular results, and Company makes no promise that each Client will experience the same or similar results as other clients who have engaged Company for similar services. Client acknowledges that the Services provided are provided without any express or implied warranties of any kind.
Release, Waiver and Indemnity
Client releases, indemnifies, and saves harmless Company and its directors, officers, agents, employees, contractors, volunteers, heirs, executors, administrators, successors, legal representatives and assigns, as applicable (collectively, "Released Parties") from and against any and all losses, liability and damages including reasonable legal expenses and fees, to which Company may become subject as a result of any claim, demand, action or other legal proceeding by any third-party to the extent such losses arise directly or indirectly out of Client's participation in the Services, Client's breach of this Agreement, or any act or omission of Client in connection with this Agreement, except to the extent such losses result from the gross negligence, willful misconduct, or intentional acts of Company. This clause survives the expiration or early termination of this Agreement.
Limitation of Liability
In no event will Company be liable for any indirect, incidental, special, or consequential damages, including but not limited to lost profits, loss of business opportunities, or reputational harm, regardless of (i) whether such damages were foreseeable, (ii) whether or not Client was advised of such damages, and (iii) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.
Maximum Damages
To the fullest extent permitted by law, the total liability of Company under this Agreement, whether in contract, tort (including negligence), or otherwise, will be limited to the total amount of fees actually paid by Client to Company in the twelve (12) months immediately before the event giving rise to the claim.
Media Release
Each Party shall be entitled to use the other Party’s name and/or likeness and/or logo in advertising and other promotional business materials, provided such use shall not disparage or defame the other Party or its business.
GENERAL
Relationship of Parties
Nothing in this Agreement shall be understood to create an employment, agency, joint venture or partnership relationship between Company and Client. Client is hiring Company as an independent contractor only. For the avoidance of doubt, Company has sole right to control and direct the means, manner, and way in which the Services are provided and may, in their sole discretion, hire contractors, sub-contractors, employees or third-party contractors to assist in delivering the Services.
Governing Law and Jurisdiction
This Agreement is governed by and interpreted in accordance with the laws of Ontario and the federal laws of Canada without regard to conflict of laws provisions. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of Ontario.
Dispute Resolution
In the event any dispute arises between the Parties in relation to this Agreement or a breach of this Agreement and the dispute is not resolved by negotiation, the Parties agree to submit the dispute for mediation prior to pursuing any other available remedy in relation to the dispute. The Parties may agree to virtual mediation, when available.
Injunctive Relief
Client acknowledges that monetary damages may be inadequate to compensate for the unique losses to be suffered in the event of a breach of this Agreement (including violations of the nondisclosure provision), and that Company will be entitled to seek, in addition to any other remedy it may have under this Agreement or at law, injunctive and other relief, including specific performance of the terms of this Agreement.
Expenses; Fees
Each Party will pay all costs and expenses that it incurs with respect to the negotiation, execution, delivery, and performance of this Agreement. If any suit or action is instituted to enforce any provision of this Agreement, the prevailing Party in such dispute will be entitled to recover from the losing Party all fees, costs, and expenses of enforcing any right of such prevailing Party under or with respect to this Agreement, including without limitation, such reasonable legal and other professional fees and expenses which will include, without limitation, all fees, costs, and expenses of appeals.
Force Majeure
Neither Party will be responsible for delays resulting from causes beyond their reasonable control, including without limitation fire, explosion, floods, storms, pandemics, state of emergency, hazardous situations, war, strike, or riot, and either Party may choose to excuse themselves from further performance of their obligations under this Agreement if such occurrence materially affects the performance of Services. The Party relying on Force Majeure will give the other Party reasonable notice of their desire to terminate or suspend the Services. Notwithstanding, all payments owing for Services rendered up to the force majeure event will remain due and payable with such amount to be determined by Company.
Notice
Any notice to be given under this Agreement must be directed to the other Party in writing. For the purposes of this Agreement, e-mail will be considered sufficient for delivery of Notice. Any Notice provided by Client to Company under this Agreement shall be sent to nicole@highgoodventures.com. Any Notice provided by Company to Client under this Agreement shall be sent to the email address provided by the Client at the time of purchase of the Services. Notice will be deemed to be delivered on the date and time when the Notice is sent.
Assignment
This Agreement may not be assigned to any other Party except with the express written consent of the other Party.
Severability
If any of the provisions of this Agreement are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.
Waiver of Breach
The waiver by one Party of any breach of this Agreement by the other Party will not be taken to be a waiver of any future breaches by the breaching Party. The non-breaching Party reserves the right to exercise or enforce their rights at a later date.
Voluntary Agreement
Client acknowledges that they are accepting these Ts and Cs voluntarily and without any duress or undue influence by Company or anyone else. Client further acknowledges that they have carefully read this agreement and that they have been provided an opportunity to seek the advice of an attorney of their choosing prior to accepting these Ts and Cs.
Entire Agreement
This Agreement constitutes the entire agreement between the Parties and supersedes any prior negotiation, understanding or Agreement between the Parties, whether oral or written, on the matters contained in this Agreement.
Amendments
The Parties may only amend this Agreement by mutual written agreement.
Survival
Any term of this Agreement which addresses performance or observance following the early termination or expiration of this Agreement shall survive and will continue to be in full force and effect. All things considered confidential during the Term will survive and always remain confidential.
Electronic Acceptance
These Ts and Cs may be accepted electronically and constitutes a fully accepted and legally binding Agreement.
Updated June 25, 2026