Consulting Terms & Conditions

The following terms and conditions apply to your consulting session with Molly Dickinson and/or members of the Banner Day Team (“Banner Day” “we’ “us’ “our”), whether booked via Calendly, another online scheduling platform, or any other method. (Throughout these terms and conditions, you and Banner Day are collectively referred to as the “Parties.”)

Please read these terms and conditions before booking your session. By booking your session, you affirm you have read, understood, and agree to abide by the following terms and conditions.

If you do NOT agree with the following terms and conditions, do NOT book, or promptly CANCEL your booked session by the day before your session date for a full refund. See Payment Policies, below, for further terms and conditions.

communication

By booking your session, you agree to receive communications about your session from Banner Day, Calendly, and/or other representatives who help operate and maintain these bookings and deliver our Services.

You may be required to share personal information about yourself in order to book and complete your session, such as names and email addresses. In sharing this information, you agree that we may use it for the express purpose of booking and delivering your session. All personal information collected in relation to your session will be subject to Banner Day’s Privacy Policy and Confidentiality & Non-Disclosure Agreement (see below).

services

We agree to provide advising, strategy, collaboration, training, and other eligible consultative support services in connection with your branding and related business matters, and/or on behalf of your customers.

no legal advice intended

Banner Day is not a law firm. We do not act as your attorney nor as substitutes for advice from an attorney. As a non-law-firm, we cannot and do not offer, provide, bill for, nor accept payment for any legal advice or services. None of the information provided herein, in your session, or in any document or communication created by or on behalf of Banner Day is intended to, nor does it, constitute legal advice. All such information, content, and materials are made available for general informational purposes only.

relationship

We will provide all services to you as an independent contractor. No interaction or communication between you and Banner Day shall be deemed to constitute either Party a partner, joint venturer, or employee of the other Party for any purpose. You agree not to treat Banner Day or our consultants as such in any way or for any reason.

indemnification

You agree that Banner Day will have no liability and that you will indemnify and hold Banner Day harmless for any claim, action, liability, loss, injury, or damage to you or any other person or entity due, in whole or in part, directly or indirectly, to your session.

modification

We reserve the right to change how we book and/or deliver our consulting offerings, or end certain consulting offerings, including priority advising sessions, at any time without prior notice. We likewise reserve the right to modify terms, conditions, rules, requirements, and methods through which sessions are booked and delivered. Finally, we reserve the right to disqualify any individual from receiving services at any time if they do not comply with these terms and conditions.

payment policies

You agree to pay Banner Day according to the following terms. You further agree that the purchase of the services described herein constitutes doing business in the State of Georgia and hereby submit yourself to the jurisdiction of the State of Georgia in all matters relating to your consulting session.

  • Payments must be made at the time of booking using the provided payment processing platform/s to reserve your session

  • We ask that you please reschedule no later than the day before your currently scheduled session; Rescheduling more than three times for the same session will result in the cancellation of your session upon the fourth rescheduling request, at which point you will be responsible for 50% of the total session fee

  • Cancellations made up to the day before your session will be fully refunded

  • Your first same-day cancellation or no-show will be fully refunded

  • Subsequent same-day cancellations or no-shows will be responsible for 50% of the total session fee

  • Should Banner Day need to reschedule your session for any reason we will notify you promptly and negotiate a new session time at no additional cost to you

  • Should Banner Day need to cancel your session for any reason we will notify you promptly and fully refund your booking payment

  • We may choose to offer discounts, apply payments for one engagement toward future engagements, or otherwise offer special pricing to you, at any time and at our sole discretion

confidentiality & NOn-disclosure agreement

The Parties agree to enter into a confidential relationship with respect to the disclosure by one OR each Party to the other of certain proprietary and confidential information (the “Confidential Information”).

A. Definition of Confidential Information

For purposes of this Agreement, “Confidential Information” shall include all information or material that has or could have commercial value or other utility in the business in which the Disclosing Party is engaged. If Confidential Information is in written form, the Disclosing Party shall label or stamp the materials with the word “Confidential” or some similar notification. If Confidential Information is transmitted orally, the Disclosing Party shall promptly provide written or otherwise recorded documentation indicating that such oral communication constituted Confidential Information.

B. Exclusions from Confidential Information

The Receiving Party's obligations under this Agreement do not extend to information that is: (i) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (ii) discovered or created by the Receiving Party before disclosure by the Disclosing Party; (iii) learned by the Receiving Party through legitimate means other than from the Disclosing Party or the Disclosing Party's representatives; or (iv) disclosed by the Receiving Party with the Disclosing Party's prior written approval.

C. Obligations of the Receiving Party

The Receiving Party shall hold and maintain the Confidential Information in the strictest confidence for the sole and exclusive benefit of the Disclosing Party. The Receiving Party shall carefully restrict access to Confidential Information to employees, contractors, and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement. The Receiving Party shall not, without prior written approval of the Disclosing Party, use for the Receiving Party's own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of the Disclosing Party, any Confidential Information. The Receiving Party shall return to the Disclosing Party any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if the Disclosing Party requests it in writing.

D. Time Periods

The nondisclosure provisions of this Agreement do not expire and the Receiving Party's duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until the Disclosing Party sends the Receiving Party written notice releasing the Receiving Party from this Agreement, whichever occurs first.

If you have any questions about these terms and conditions, please email hello@bannerday.com