Coaching and Facilitation
Effective Date: January 17, 2025
Welcome to the terms of service for Sarah Joy Lynch (business name “Sarj Lynch,” also below “I,” “me,” or “my”). These Terms of Service (“Agreement”) govern the use of services, products, and content provided by Sarj Lynch. By accessing or using my services, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, please do not use my services.
1. Services Provided
I offer a variety of services including but not limited to facilitation, learning design, coaching, and consulting (the “Services”). The Services may be provided in person, virtually, or through other mediums. Details of specific services and engagements are set out in the corresponding project or service agreement or proposal.
2. Client Responsibilities
You agree to provide accurate, complete, and timely information as needed to facilitate the services we provide. You are responsible for any data or content you share with us. We are not responsible for any errors, omissions, or issues arising from your failure to provide such information.
3. Booking and Payment
Clients must provide booking details and agree to the terms of payment before services are rendered. Payment for Services will be based on the pricing structure agreed upon at the time of booking, which may be fixed or hourly. Payments are due within the time period specified in the agreement or invoice. Failure to pay on time may result in delayed or suspended services.
4. Indemnity and Limitation of Liability
4.1 Indemnity:
You agree to indemnify, defend, and hold harmless Sarj Lynch and its officers, employees, agents, and contractors from any and all claims, liabilities, losses, damages, costs, or expenses (including legal fees) arising out of or in connection with your use of the Services, your breach of this Agreement, or your violation of any applicable laws.
4.2 Limitation of Liability:
To the fullest extent permitted by law, Sarj Lynch shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or reputation, arising from or related to the Services provided, whether based in contract, tort, or any other legal theory, even if advised of the possibility of such damages.
4.3 No Guarantee of Results:
You acknowledge that the Services are designed to help you achieve specific goals, but we do not guarantee any particular outcomes, results, or success. Your results may vary based on numerous factors, including but not limited to your personal efforts, engagement, and circumstances.
5. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary, sensitive, or personal information disclosed during the course of providing or receiving the Services, unless required by law. This confidentiality obligation will survive the termination of this Agreement.
6. Intellectual Property
6.1 Ownership of Materials:
All intellectual property, including but not limited to materials, content, courses, frameworks, or methodologies developed and provided by Sarj Lynch as part of the Services, remain the exclusive property of Sarj Lynch, unless otherwise stated in a separate written agreement.
6.2 License to Use Materials:
Upon payment of applicable fees, we grant you a limited, non-exclusive, non-transferable license to use the materials for the purpose for which they were provided, subject to the terms of this Agreement.
7. Term and Termination
This Agreement will remain in effect until terminated by either party. Either party may terminate this Agreement with written notice to the other party. In the event of termination, you will be responsible for paying for all Services rendered up until the termination date.
8. Privacy and Data Protection
We are committed to protecting your privacy. We collect and process personal data in accordance with the EU General Data Protection Regulation (GDPR) and our Privacy Policy, which you can review separately on our website.
9. Dispute Resolution
9.1 Governing Law:
This Agreement will be governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law principles.
9.2 Dispute Resolution:
In the event of any dispute, claim, or controversy arising out of or in connection with this Agreement, you agree to first attempt to resolve the dispute through informal negotiation. If the dispute cannot be resolved through negotiation, the parties agree to submit the dispute to the competent courts in Berlin, Germany.
10. Force Majeure
We will not be held liable for any failure or delay in performance of the Services due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, strikes, pandemics, natural disasters, or technical failures.
11. Amendments
We reserve the right to update or modify these Terms of Service at any time. Any changes will be posted on our website with the updated effective date. Your continued use of the Services after such modifications will constitute your acknowledgment and acceptance of the updated terms.
12. Miscellaneous
12.1 Severability:
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
12.2 Entire Agreement:
This Agreement constitutes the entire understanding between the parties and supersedes all prior or contemporaneous agreements, proposals, or communications, written or oral, regarding the subject matter herein.
12.3 Assignment:
You may not assign or transfer this Agreement or any of your rights or obligations hereunder without our prior written consent. We may assign our rights and obligations to any third party at our discretion.
Contact Information:
If you have any questions about these Terms of Service or would like to contact me for any reason, please contact me via the contact page of this website.