Terms & Conditions of Services
Each Client, as described below, agrees to a client services contracting agreement to work with Brancu & Associates, PLLC, DBA Towerscope. Below are the general terms & conditions all clients agree to. For certain services, Towerscope will provide additional terms required to engage in that service.
1. Services. Brancu & Associates, PLLC dba Towerscope (“Towerscope”) is a North Carolina professional limited liability company. Client and Towerscope may be referred to collectively as “Parties”, or individually as “Party”.
The nature, content and duration of each service or program has been created for and will be adjusted to the Client’s needs, objectives, and goals. Program or service content adheres to the explicit ethical guidelines put forth by the International Coach Federation, and available for review at the website, coachfederation.org/ethics as well as those put forth by the American Psychological Association (APA), available for review at https://www.apa.org/ethics/code.
Towerscope may provide services (the ”Services”) including but not limited to:
Provide an orientation to the program
Gather and incorporate information about client objectives and goals
Provide an initial assessment and feedback, including information about the methodology utilized
Identify and solicit observed progress towards goals and objectives
Discuss improvements and outcomes impacting participant objectives and development in group
Adjust program content to fit client needs
Additional, specific Services to be provided shall be listed in the program materials and/or in proposals and contracts provided to client.
For Clients who also enroll in services that use third party apps, we extend those terms, conditions of use, and privacy policies to our Clients. For example, for our Towerscope Leadership Academy, we use Circle.so and Clients of that program must also abide by the following:
2. Fees for Services, Terms of Payment, Additional Services. The cost of the Services and payment terms are listed in in the program materials and/or in proposals and contracts provided to client. A non-refundable deposit is due upon signing the Agreement or enrolling in the program. The deposit will be used to secure the spot offered. Services will not begin until the deposit is received. All remaining fees will be invoiced based on an invoice schedule, if applied, and are due on receipt. Pricing and availability are subject to change and Client may need to wait for future availability if not paid upon receipt.
3. Towerscope’s Representations, Warranties, and Disclaimers.
a. Towerscope represents that it and its Consultants/Coaches have the necessary experience and skill to perform the Services and will do so in a professional manner.
b. Towerscope is organized as a PLLC and may employ and/or engage licensed psychologists in the provision of Psychological Services. However, Towerscope is not providing any psychotherapy, health care, or professional counseling services under this Agreement. Nothing in this Agreement shall be construed as establishing a doctor-patient relationship. Psychotherapy, health care, and professional counseling needs will be referred to a licensed professional.
c. During the provision of Services, Towerscope may provide Client with verbal or written recommendations for, among other things, products, processes, and services. Depending on the nature of the scope, some of these may be offered by third party vendors. Such recommendations are not warranties. The entire risk of implementing any recommendation is with the Client. Towerscope is not responsible for any damages to Client or for any damages to a third party on account of the implementation of any recommendation provided by Towerscope.
d. There is no guarantee Client will achieve the goals or duplicate any results stated on Towerscope’s website. Achieving goals is hard work and individual outcomes depend on each client’s desire, dedication, effort and motivation.
e. Towerscope is not responsible for any actions brought against Client as a result of the recommendations, modifications, suggestions or any other actions Client takes as a result of the Services provided by Towerscope.
4. Client’s Responsibilities, Representations, and Warranties.
a. Client agrees to use their best efforts to attend each scheduled meeting as prepared as possible. When applicable, this includes, but is not limited to, completing all assignments from previous meetings, practicing techniques and skills previously discussed, and being ready to discuss to the results of such activities. Clients agree to communicate honestly, openly, and participate fully in the coaching/consultation process with the necessary time, energy, effort, and commitment needed to maximize successful outcomes.
b. Clients agree to consistently attend scheduled meetings on time and notify Towerscope twenty-four (24) hours in advance of any schedule changes or appointment cancellations or otherwise incur a missed session fee. Towerscope, in its sole discretion, may waive this charge.
c. Client represents and warrants that all information provided to Towerscope is true and accurate to the best of Client’s knowledge. Client understands that Towerscope will rely on the information provided by Client in order to complete the Services and that Client is solely responsible for any errors caused by Towerscope’s reliance on inaccurate information, and for any additional fees incurred as a result of reliance on said information.
d. Client agrees to only use Towerscope’s services for lawful purposes.
e. Client understands that coaching is not a substitute for professional advice by legal, mental health, medical, financial, or other qualified professionals and will seek independent professional guidance for such matters. In the event the Client feels the need for professional counseling or therapy, or for medical advice, it is the responsibility of the Client to seek a licensed professional for these services.
f. The Client acknowledges that coaching is a comprehensive process that may involve different areas of their life, including work, finances, health, relationships, education, and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas, and implement choices is exclusively the Client’s responsibility. The Client agrees to take responsibility for their own actions, inactions, choices, decisions and results. As such, Client agrees that the Towerscope Coach or Consultant will not be liable for any act or failure to act, or for any direct or indirect result of any services provided by Coach pursuant to this agreement.
g. If there is a Sponsor, the Sponsor is responsible for payment rendered for services as delineated in this agreement. The Sponsor is not entitled to a coaching report or related information from Towerscope unless specified under the Confidentiality section. Only information needed to manage billing for appropriate services will be shared with the Sponsor.
5. Remedies for Client’s Failure to Communicate. Client acknowledges that Towerscope’s ability to provide the Services will be detrimentally hindered if Client does not communicate with Towerscope or its Consultants/Coaches, or provide requested and required information in a timely manner. Towerscope reserves the right to suspend the Services if Client repeatedly fails to communicate or provide requested information. Towerscope shall notify Client in writing via e-mail of its intention to suspend Services. Client shall have ten days to respond to such notice. Failure to respond within ten days may result in a suspension of Services.
6. Therapy Services Are Not Provided Under This Agreement. Client is not engaging Towerscope for any Services for which a professional license is required. Client expressly acknowledges and understands that professional counseling, health care, and therapy services are not included in the scope of Services to be provided. Towerscope only provides coaching and consultation services specific to the body of work covered by leadership, team, and organizational development. Towerscope will provide a referral to a licensed psychologist or other licensed professional if it becomes apparent during the completion of the Services that such professional therapy is advisable.
7. Governing Law and Arbitration. This Agreement shall be construed and governed by the laws of the State of North Carolina. The parties agree to the exclusive jurisdiction and exclusive venue of Orange County, North Carolina. The parties desire to avoid and settle without litigation any disputes which may arise between them under this Agreement. Accordingly, the parties agree to engage in good faith negotiations to resolve any dispute. Such good faith negotiations shall first include an opportunity to cure any alleged breach of this Agreement. The non-breaching party shall submit the alleged breach to the alleged breaching party in writing. The alleged breaching party shall have ten (10) business days to respond and cure the alleged breach. In the event the parties are unable to resolve the dispute by negotiation, then the dispute shall be settled by a single arbitrator in accordance with the Rules of the American Arbitration Association. The arbitrator shall be agreed upon by the parties or, failing that, one arbitrator candidate shall be chosen by each party and the actual arbitrator for the dispute shall be chosen by the two arbitrator candidates. The award rendered by the arbitrator shall be binding as between the parties and judgment on such award may be entered in any court having jurisdiction thereof. The parties shall share the costs of any arbitration in proportion to the degree to which each prevails as determined by the arbitrator. The venue for arbitration and any other action instituted as a result of this Agreement shall be Orange County, North Carolina.
8. Confidentiality, Privacy, and Intellectual Property. Proprietary program content, as well as personally identifiable information shared during the program by Client (and/or other participants in a cohort if this is part of a group program), documented and verbal, are confidential in nature and shall not be disclosed or communicated by Towerscope, Clients or facilitating Consultants/Coaches unless agreed to herein.
Towerscope Consultants/Coaches agree not to disclose, discuss or reveal any information pertaining to Client or Client’s business, without Client’s express, written consent, including any results of confidential assessments conducted by the Coach using instruments from a third party.
Confidential information does not include information that: (a) is generally known to the public or in the Client’s industry; (b) was in Client’s possession or knowledge prior to the effective date of this agreement; (c) is obtained by Client from a third party, other than third-party assessments as described above; or (d) is independently developed by Client without use or reference to Towerscope’s confidential information.
Confidentiality may not be maintained in circumstances related to illegal activity on the part of the Client when breach of that confidentiality is required pursuant to valid court order or subpoena, in cases where the Client may present an imminent or likely risk of danger to self or to others, or in other circumstances required by law.
A cornerstone for confidentiality is agreeing in advance what will be shared to increase the probability of accelerating and elevating the leadership effectiveness of the individual in the context of their organization. Reciprocally, if any issues or complaints arise about the Towerscope services, Client will communicate directly with Towerscope Consultants/Coaches to continually shape and improve services and resolve concerns.
Towerscope materials used for services including slides, workbooks, and media, are proprietary and content is protected by copyright laws. They may not be reproduced or replicated for any purpose beyond personal use. Towerscope content can’t be used for commercial purposes by others
Our privacy terms for using this website is also covered at this link.
9. Amendment and Waiver. This Agreement may be amended, modified, superseded, or canceled only by a written instrument executed by the party to be charged with or responsible for the modification. Neither party's waiver of a breach or a default under any of the provisions of this Agreement, nor its failure to enforce any of the provisions of this Agreement shall be construed as a waiver of any subsequent breach or default, or of any rights or privileges provided hereunder or by law.
10. Termination. The Term dates of this Agreement will be determined by Client availability and program length. Either party may terminate this Agreement at any time. If the Agreement is terminated, Towerscope will present Client with a statement of account showing all fees incurred to date, and itemizing Services performed. If Services performed exceed fees paid to date, Client will pay Towerscope for such services for the full cost designated in the original contract.
11. Release of Information (Optional, based upon specific situation). Towerscope Consultants/Coaches engage in training and continuing education pursuing and/or maintaining ICF (International Coach Federation) Credentials. That process requires the names and contact information of all clients for possible verification by ICF. Clients agree to have ONLY their name, contact information and start and end dates of coaching shared with ICF staff members and/or other parties involved in this process for the sole and necessary purpose of verifying the coaching relationship to meet credentialing requirements. No personal notes, information about the content or progress of coaching engagements, or other information will be shared.
12. Entire Agreement. This Agreement and additional addendums (if applicable) constitutes the entire agreement between Towerscope and Client. It becomes effective when any Client enrolls in a service or program offered by Towerscope and agrees to the specific Terms offered.
13. Business Logo Release. Towerscope may use Client logo and their business (not individual) name, if applicable and allowable by Client policies, for the purpose of marketing, compliance needs, or demonstrating to stakeholders and governing bodies work done by Towerscope.
14. LIMITATION OF LIABILITY. OTHER THAN AS STATED HEREIN, Towerscope MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED PURSUANT TO THIS AGREEMENT. Towerscope HEREBY EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY WILL BE LIABLE TO THE OTHER IN ANY EVENT FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, (i) ANY DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION, OR (ii) TOWERSCOPE’S OR TOWERSCOPE’S CUSTOMER RELIANCE ON OR USE OF INFORMATION OR SERVICES PROVIDED, EVEN IF THE OFFENDING PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY.
Sponsor Addendum
If a Sponsor exists (a third party associated with the Client’s organization who has agreed to pay for services), the following additional terms apply.
The service fee and invoicing plan are specified in a client contract. Client will not be able to start receiving services until the payment is received. Sponsor understands that the minimum fee specified in the contract is nonrefundable, except upon the death of Client, in which case a prorated amount of the fee shall be refunded to the Sponsor. The fees will not be refunded, and any unpaid fees are due immediately if Client leaves employment with the Sponsor for any reason.
In accordance with the American Psychological Association’s ethical principles, the general parameters of confidentiality include clearly outlining expectations that maintain strict confidentiality regarding details of what is communicated during the learning sessions between Clients and Consultants/Coaches, and allowing the sharing of only general themes with other stakeholders. If the Client works within an organization that involves multiple stakeholders, or has a Sponsor who is paying for services and who has an interest and stake in the outcome of these services, confidentiality will be maintained and we will collaboratively identify themes that may be appropriately shared, such as (1) overall general impressions; (2) an outline of areas of focus for the engagement; (3) broad impressions regarding level of engagement in the process; (4) and an overall assessment of progress with recommendations for continued development.
In practice, we will outline confidentiality in an orientation session or initial stakeholder alignment meeting. This includes any activity in which we might solicit input from the Client and the Client's manager/supervisor and/or other stakeholders regarding planned updates of progress, based on a discussion of organizational structure and expected goals. We routinely position the Client with whom we are working directly to take primary responsibility for providing feedback to their direct manager/supervisor and/or stakeholders.
When feedback involves assessment tools and approaches, communicating results involves the same parameters of confidentiality. The details of the report are shared directly with the Client. We also believe that written reports are designed to reflect major observations, interpretations, and recommendations in a specific context and at a particular point in time. Their use is most appropriate as one of several inputs accessed by those directly involved in the Client’s development who understand the overall context of the development engagement. It is recommended that their use be limited to a one-year period of time or until a major change in work environment, roles, and/or responsibilities.
How to Contact Us
If you have any questions or concerns regarding the Privacy Policy Agreement related to our website, please feel free to contact us at the following email, telephone number or mailing address.
Email: admin@gotowerscope.com Telephone Number: (949) 308-7358
Mailing Address:
Brancu & Associates, PLLC, DBA Towerscope
104R NC-54 PMB 263
Carrboro, North Carolina
27510