1. Agreement to These Terms
These Terms of Service form a binding agreement between you and BY ANY MEANS MINDSET SERVICES LLC. By visiting our website, submitting an enquiry, booking a program or attending a session, you accept these terms in full. If you do not accept them, please do not use the website or our services.
Please read these terms carefully because they describe your rights and responsibilities as well as the rights and responsibilities of BY ANY MEANS MINDSET SERVICES LLC. Where a separate signed agreement exists between you and the company for a specific program, that signed agreement takes priority if its terms differ from this page.
We keep these terms as clear as we can. If any part is unclear, contact us using the details in the final section before you proceed with a booking.
2. Who We Are
BY ANY MEANS MINDSET SERVICES LLC is a resilience and performance coaching company based in Scottsdale, Arizona, operating under the trading name MEANS MINDSET. The company delivers resilience workshops, team offsite programs, one-on-one coaching, youth grit clinics, leadership retreats and progress review systems.
Our registered place of business is 8625 E Valley View Rd, Scottsdale, 85250-6753, United States (US). You can reach us by email at info@anymeansmind.mom or by telephone on +12349568593. Throughout these terms, the words we, us and our refer to BY ANY MEANS MINDSET SERVICES LLC.
3. Eligibility and Authority
You must be at least eighteen years of age to enter into a service agreement with us, or you must have the involvement of a parent or guardian where a program allows younger participants. By booking a program, you confirm that you have the legal capacity to do so.
If you book on behalf of an organization, you confirm that you have the authority to bind that organization to these terms. You also confirm that the information you give us is accurate and that you will keep it up to date.
We may decline or cancel a booking where we reasonably believe that eligibility is not met or that the information provided is false or misleading.
4. Services We Provide
We provide coaching and facilitation services for individuals, teams, schools and community organizations. The exact scope of each engagement is described in the proposal we send you or in the signed agreement for the program. That scope may include preparation, delivery and follow-up activities.
Our services are developmental in nature. They are designed to build skills, habits and team capability. They are not a substitute for medical care, psychological treatment or legal advice, and they should not be relied upon as such.
We may adjust the structure of a session during delivery where the needs of the group make that sensible. Where a material change to the scope is needed, we will discuss it with the person who booked the program before proceeding.
5. Bookings and Scheduling
A booking becomes firm when we confirm it in writing and, where a deposit is required, when the deposit is received. Until a booking is confirmed, dates remain available to other clients. We recommend confirming early for popular periods such as the start of a quarter.
Once confirmed, we reserve the agreed time and assign the necessary people and preparation to your program. You agree to provide the information we reasonably need to prepare well, including group size, objectives and any accessibility requirements. You also agree to ensure that participants arrive on time and prepared.
Scheduling is coordinated with you directly. If circumstances require a change of date or time, we will work with you to find an alternative that suits both parties.
6. Fees and Payment
Fees for each service are set out in the proposal or agreement provided to you. Unless stated otherwise, fees cover preparation, delivery and standard materials. Travel, venue costs and specialist materials may be charged separately and will be shown clearly before you commit.
Invoices are payable within the period stated on the invoice. Where a deposit is required to hold a date, the balance is generally due before or shortly after delivery as set out in the proposal. We may suspend work where an invoice remains unpaid beyond its due date.
All amounts are stated in United States dollars unless a different currency is agreed in writing. You are responsible for any bank charges or transfer fees applied to your payment. We do not store full payment card details on our own systems; card payments are handled by a regulated payment provider.
7. Cancellation and Rescheduling
We understand that plans change. The cancellation terms for your program are set out in your proposal or agreement. Where no separate terms apply, the following general approach is used. Cancellations made well in advance allow us to reallocate the reserved time and usually carry a reduced charge. Cancellations made close to the delivery date may carry a larger charge because preparation and reserved time cannot easily be recovered.
Rescheduling is usually possible where notice is given and where a suitable alternative date is available. Repeated rescheduling may be treated as a cancellation. If we must cancel a program for our own reasons, we will offer an alternative date or a refund of amounts paid for the cancelled portion.
Any refund or credit is calculated fairly, taking into account work already performed, non-recoverable costs and the notice given by either party.
8. Participant Conduct
Our programs work best when everyone contributes respectfully. Participants agree to treat facilitators and fellow participants with courtesy, to follow reasonable instructions, and to help keep the environment safe and constructive. Harassment, discrimination, intimidation and disruptive behaviour are not acceptable.
We may ask a participant to leave a program where their behaviour seriously undermines the safety or effectiveness of the group. Where that happens, we will discuss the matter with the person who booked the program and may treat the removal as a cancellation for that participant without refund.
You are responsible for the conduct of any person you bring to a program and for making sure that participants understand these expectations in advance.
9. Health, Safety and Risk
Some of our activities involve physical or emotional challenge. Participants take part voluntarily and should use their own judgement about what they can safely do. Please tell us in advance about any medical condition, injury, allergy or other consideration that could affect your participation, so that we can plan appropriately.
Facilitators may ask a participant to stop an activity where continuing could put them or others at risk. Our instructions and safety guidance are there to protect everyone and must be followed. In an emergency we may seek medical help on your behalf and will contact the emergency contact you have provided.
You participate at your own risk to the extent permitted by law. We maintain appropriate practices to reduce risk, but we cannot eliminate it entirely, and you accept that risk by taking part.
10. Youth Programs and Consent
Youth grit clinics and similar programs require the involvement of a parent or guardian. The adult enrolling a young person confirms that they have authority to do so and that they consent to the young person taking part. Emergency contact details and any relevant medical information must be provided before the program begins.
Parents and guardians are responsible for dropping off and collecting young participants on time, and for communicating any change in circumstances that could affect their child during a session. Our facilitators are trained to work with young people and to maintain appropriate boundaries at all times.
Where a program is arranged through a school, club or community organization, that organization may have additional requirements, and those requirements apply in addition to these terms.
11. Intellectual Property
All content on this website, including text, layout, graphics, exercises, frameworks and program materials, belongs to BY ANY MEANS MINDSET SERVICES LLC or is used under licence. These materials are protected by intellectual property law.
You may use the website for your own personal or internal business purposes. You may not copy, reproduce, sell, publish or redistribute our materials for commercial use without our prior written permission. You may print or download reasonable extracts for your own reference, provided you keep any copyright notice intact.
Materials we provide to clients for use inside their organization are licensed for that purpose only. The licence does not transfer ownership, and it does not permit resale or public distribution.
12. Acceptable Use of the Website
You agree to use this website lawfully and in a way that does not harm the site, the company or other users. You must not attempt to gain unauthorized access to any part of the site, introduce malicious code, scrape content in bulk, or interfere with the normal operation of the site.
You must not use our contact form to send spam, unlawful material, threats or content that infringes the rights of others. We may block access where we detect misuse.
We work to keep the website available and accurate, but we do not guarantee uninterrupted access. The site may be unavailable during maintenance or because of factors outside our control.
13. Confidentiality
We treat information shared with us during coaching and workshops as confidential. Information shared by an individual in a one-on-one session will not be disclosed to that person employer or to any third party without consent, except where disclosure is required by law or where there is a serious risk to safety.
In team settings, what is said inside the room is expected to stay inside the room. We ask participants to respect that expectation, though we cannot guarantee the conduct of every participant.
Client organizations agree to keep confidential any proprietary frameworks, materials or commercial information we share with them that is not publicly available.
14. No Professional Advice
Our services are coaching and facilitation services. They are not medical, psychiatric, psychological, legal, financial or accounting advice. Nothing on this website or in any session should be read as a professional opinion in those fields.
If you need advice in a regulated profession, please consult a qualified professional. We support the personal and team development of our clients, and we stay within that role.
Where a participant is receiving care from a healthcare provider, we welcome coordination with that provider where the participant wishes it, but we do not replace that care.
15. Disclaimers and Warranties
To the fullest extent permitted by law, the website and our services are provided on an as available basis. We make no warranty that the website will be error free or that any particular result will follow from a program.
We do promise to deliver our services with reasonable skill and care, in line with professional standards and the scope agreed with you. Our programs are designed to build capability, but individual and organizational outcomes depend on many factors that we do not control.
No statement on this website or in any marketing material should be taken as a guarantee of a specific business, financial or personal result.
16. Limitation of Liability
To the fullest extent permitted by law, BY ANY MEANS MINDSET SERVICES LLC will not be liable for indirect, incidental, special or consequential losses, including loss of profit, loss of opportunity or loss of data, arising from the use of our website or services.
Where liability cannot lawfully be excluded, our total liability in connection with a program is limited to the amount of fees paid by you for that program. Nothing in these terms limits liability that cannot be limited by law, including liability for fraud.
This section applies whether the claim is based on contract, negligence or any other legal theory, and it survives the end of our engagement with you.
17. Indemnity
You agree to indemnify and hold harmless BY ANY MEANS MINDSET SERVICES LLC, its members, employees and facilitators against claims, losses, damages and reasonable costs arising from your breach of these terms, your misuse of the website, or your failure to provide accurate information.
Where you arrange a program for a group, you also agree to indemnify us against claims brought by participants in that group that arise from circumstances within your control, such as incomplete or inaccurate information about participant needs.
This indemnity does not apply to the extent that a claim results from our own negligence or breach of these terms.
18. Termination
Either party may end an engagement where the other party commits a material breach and does not remedy it within a reasonable period after being asked to do so. We may also suspend or end access to the website immediately where misuse is detected.
Ending an engagement does not release you from the obligation to pay for work already performed, and it does not remove the effect of terms that are intended to survive, such as confidentiality, intellectual property and limitation of liability.
Where we end an engagement for our own convenience, we will give reasonable notice and will refund fees paid for services not yet delivered.
19. Dispute Resolution
If a dispute arises, we ask that you raise it with us first so that we can try to resolve it directly and informally. Most concerns can be settled through an honest conversation, and we commit to engaging promptly and in good faith.
If a dispute cannot be resolved informally, it will be handled in accordance with the law that applies to our operations in the State of Arizona, United States. Before starting formal proceedings, both parties agree to consider mediation as a sensible next step.
Nothing in this section prevents either party from seeking urgent relief from a court where that is necessary to protect rights or safety.
20. Changes to These Terms
We may update these terms from time to time to reflect changes in our services, our tools or the law. The version published on this website is the current version, and the date of the latest revision applies.
Where a change is material, we will take reasonable steps to bring it to the attention of active clients. Continued use of the website or our services after an update means that you accept the revised terms, to the extent permitted by law.
Where an engagement is already governed by a signed agreement, the terms of that agreement continue to apply to that engagement unless the parties agree otherwise in writing.
21. Contact Information
If you have a question about these Terms of Service, please contact BY ANY MEANS MINDSET SERVICES LLC. We are happy to explain how the terms apply to your situation before you book.
BY ANY MEANS MINDSET SERVICES LLC
8625 E Valley View Rd, Scottsdale, 85250-6753, United States (US)
Email: info@anymeansmind.mom
Phone: +12349568593
These terms are provided for the website and services of BY ANY MEANS MINDSET SERVICES LLC and are governed by the laws applicable to our operations in the United States. By using the website or engaging our services, you confirm that you have read, understood and accepted these terms.