Terms and Conditions
Last Updated: [1.1.25]

Welcome to Fortitude S&O LLC ("Company," "we," "us," or "our"). By accessing or using our website, you agree to be bound by these Terms and Conditions. If you do not agree, please do not use our website.

1. Scope of Services

Fortitude S&O LLC provides consulting services related to business optimization, including but not limited to:

• Lean practices for retail and manufacturing businesses

• Process improvement and cost reduction strategies

• Operational efficiency recommendations

• Business best practices and financial optimization strategies

• Time and resource management solutions

The Consultant does not engage in direct implementation, management, or execution of business operations unless explicitly agreed upon in a separate written agreement.

2. Nature of Consulting & Disclaimer of Guarantee

• The Consultant provides strategic advice and recommendations based on experience, research, and industry best practices.

• The Client acknowledges that business environments are unpredictable, and results depend on various factors beyond the Consultant’s control.

• The Consultant does not guarantee specific financial results, increased revenue, operational success, regulatory compliance, or any particular outcome.

• Any recommendations provided by the Consultant are advisory in nature, and it is the Client’s responsibility to evaluate, implement, and assume all risks associated with their decisions.

3. Client Responsibilities

The Client agrees to:

• Provide accurate and complete information necessary for the Consultant to offer informed recommendations.

• Conduct independent due diligence before implementing any suggestions.

• Ensure that their business operations remain compliant with all relevant laws, regulations, and industry standards.

• Acknowledge that business decisions, hiring, financial investments, operational strategies, and regulatory compliance remain the sole responsibility of the Client.

4. Limitation of Liability

• The Consultant shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from the Client’s decisions or business outcomes.

• The Consultant is not responsible for any losses, damages, or legal claims arising from the Client's implementation of recommendations.

• In no event shall the Consultant’s total liability exceed the total amount paid by the Client for consulting services in the three (3) months preceding the claim.

5. Indemnification

• The Client agrees to indemnify, defend, and hold harmless the Consultant, its officers, employees, and affiliates from any claims, damages, liabilities, or expenses (including legal fees) arising from the Client’s use of the Consultant’s advice.

• This includes claims related to financial losses, regulatory violations, lawsuits, third-party disputes, employee actions, or operational failures.

6. Confidentiality & Non-Disclosure

• Both parties agree to maintain the confidentiality of sensitive business information shared during the consulting relationship.

• The Consultant may use non-identifiable data for case studies, marketing, or research purposes unless otherwise agreed in writing.

• The Consultant shall not disclose proprietary business strategies, trade secrets, financial data, or any other confidential information unless required by law.

7. Compliance with Laws

• The Consultant provides recommendations without assuming any responsibility for regulatory compliance.

• The Client is solely responsible for ensuring their business remains compliant with:

  • Federal, state, and local regulations

  • OSHA, FDA, FTC, and other industry-specific guidelines

  • Employment laws, data protection regulations, and tax obligations

8. Payment Terms

8.1 Fees & Invoicing

• Consulting fees are based on a mutually agreed rate. All invoices are due within [X] days of receipt.

• Late payments are subject to a [X]% per month late fee.

8.2 Refund & Non-Refundable Policy

• All fees are non-refundable, including deposits and retainer payments.

• No partial refunds shall be issued if the Client chooses to discontinue services.

• If the Client terminates services early, all outstanding payments for the agreed-upon service period remain due in full.

8.3 Auto-Pay & Recurring Billing

• If the Client agrees to a subscription or retainer model, auto-payments will be processed on the agreed schedule.

• The Client is responsible for ensuring valid payment methods are on file.

9. Termination of Agreement

This Agreement may be terminated under the following conditions:

By the Client:

• A minimum of [30] days' written notice is required to terminate consulting services.

• If terminated by the Client, all outstanding payments for the agreed-upon service period remain due in full.

By the Consultant:

• The Consultant may terminate services immediately if the Client:

  • Fails to pay invoices

  • Engages in fraudulent, unethical, or illegal business practices

  • Violates confidentiality agreements

10. Dispute Resolution & Governing Law

• Any disputes shall first be resolved through good-faith negotiations.

• If no resolution is reached, disputes shall be settled via binding arbitration in Wyoming, per the laws governing Fortitude S&O LLC.

• Litigation in court is waived except where required by law.

11. Force Majeure

• The Consultant is not liable for any failure or delay in service due to unforeseen events beyond reasonable control, including but not limited to natural disasters, acts of war, pandemics, government regulations, labor disputes, or technology failures.

12. Independent Contractor Status

• The Consultant is an independent contractor and not an employee, partner, or agent of the Client.

• The Client has no authority to bind or obligate the Consultant in any manner.

13. Intellectual Property Rights

• Any materials, strategies, reports, or templates provided by the Consultant remain the intellectual property of Fortitude S&O LLC.

• The Client may not copy, distribute, resell, or publicly share any proprietary materials without written consent.

14. Non-Solicitation

• The Client agrees not to solicit, hire, or attempt to hire the Consultant’s employees, subcontractors, or affiliated personnel for [24] months after the termination of this Agreement.

15. Amendments & Modifications

• The Consultant reserves the right to modify these Terms at any time, with notice provided to active clients.

• Continued engagement in consulting services constitutes acceptance of any updates.

16. Entire Agreement

• This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements, written or oral.

• No modifications are valid unless agreed to in writing by both parties.