LEGAL
Effective Date: February 27, 2026
1. Acceptance of Terms
These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Client,” “you,” or “your”) and Total Growth Coaching and Consulting, LLC (“TGC&C,” “we,” “our,” or “us”), a Texas limited liability company. By accessing our website at totalgrowthcc.com (the “Site”), engaging our services, or purchasing products, you agree to be bound by these Terms.
If you are engaging our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
These Terms apply to all services provided by TGC&C, including but not limited to consulting, advisory, fractional HR leadership, executive coaching, leadership assessments, team development programs, facilitation, career development, and self-paced digital courses. Individual service engagements may also be governed by a separate Statement of Work, engagement letter, or proposal (“Engagement Agreement”). In the event of a conflict between these Terms and an Engagement Agreement, the Engagement Agreement shall control with respect to that engagement.
2. Description of Services
TGC&C provides people strategy consulting and leadership development services organized into four practice areas:
Executive Advisory: Fractional CPO and HR advisory, organizational design, and change management.
People & Talent Strategy: Talent management consulting, engagement and retention strategy, and DEI consulting.
Leadership & Team Development: Executive coaching, team development programs, facilitation and workshops, leadership assessments, career development planning, and self-paced courses.
HR Operations: HR department assessment, recruiting strategy, performance management design, compensation and benchmarking, onboarding, HR technology selection, and policy and compliance.
Service descriptions, scope, and pricing are published on our Site and in our Products & Services Guide. Exact scope, deliverables, timeline, and fees for each engagement are confirmed in writing via an Engagement Agreement before work begins.
3. Engagement Process
3.1 Discovery and Scoping
Most engagements begin with a complimentary discovery call (typically 30 minutes) to discuss your needs and determine fit. For consulting, advisory, and organizational engagements, a scoping conversation (typically 60 minutes) follows to define the engagement parameters.
3.2 Proposals and Agreements
Following the scoping process, TGC&C will provide a written proposal or Engagement Agreement that specifies: scope of work, deliverables, timeline, investment (fees), payment terms, and any additional terms specific to the engagement. No work will commence until the Engagement Agreement is signed by both parties and any required deposit is received.
3.3 Coaching Agreements
Executive and leadership coaching engagements require a separate coaching agreement that addresses confidentiality, session logistics, communication protocols, and the roles and responsibilities of the coach, the client, and (if applicable) the organizational sponsor.
4. Fees and Payment
4.1 Published Pricing
Current pricing for all services is published on our Site and in our Products & Services Guide. TGC&C reserves the right to update pricing at any time. Price changes will not affect active Engagement Agreements.
4.2 Payment Methods
We accept payment via credit card, debit card, and ACH bank transfer, processed through Stripe. For coaching engagements, payments may be processed through CoachAccountable’s integrated Stripe connection.
4.3 Payment Terms
Payment terms vary by service type:
Coaching Packages: Full payment is due at the time of purchase for standard coaching packages (3-month, 6-month, and annual). Payment plans may be arranged upon request for 6-month and annual packages.
Project-Based Consulting: A deposit of fifty percent (50%) is due upon execution of the Engagement Agreement. The remaining balance is due upon completion of the project or at milestones defined in the Engagement Agreement.
Retainer Services (Fractional CPO & Advisory): Monthly retainer fees are billed on the first business day of each month and due within fifteen (15) days. The first month’s retainer is due upon execution of the Engagement Agreement.
Self-Paced Courses: Full payment is due at the time of purchase.
Workshops and Facilitation: A deposit of fifty percent (50%) is due upon confirmation. The remaining balance is due no later than seven (7) days before the scheduled event.
4.4 Late Payment
Invoices not paid within thirty (30) days of the due date are subject to a late fee of one and one-half percent (1.5%) per month on the outstanding balance, or the maximum rate permitted by applicable law, whichever is less. TGC&C reserves the right to suspend services for accounts that are more than thirty (30) days past due.
4.5 Taxes
All fees are exclusive of applicable taxes. You are responsible for all sales, use, and other taxes imposed by any jurisdiction on the services provided, except for taxes based on TGC&C’s income. For international clients, you are responsible for any value-added tax (VAT), goods and services tax (GST), withholding tax, or other taxes applicable in your jurisdiction. TGC&C will provide invoices and documentation necessary to support your tax compliance.
5. International Clients
TGC&C provides services to clients globally, including in the Americas, Europe, the United Kingdom, the Middle East, Asia, India, Australia, and New Zealand. The following additional terms apply to international engagements:
Currency: All fees are quoted and invoiced in United States Dollars (USD) unless otherwise specified in the Engagement Agreement.
Payment: International clients are responsible for any currency conversion fees, international wire transfer fees, or bank charges associated with payment.
Service Delivery: Services are delivered remotely via video conferencing (Zoom) unless on-site delivery is specified in the Engagement Agreement, in which case travel costs are billed separately.
Scheduling: Session scheduling will accommodate time zone differences to the extent reasonably practicable.
Data Transfer: By engaging TGC&C, international clients acknowledge that their data will be transferred to the United States for processing in accordance with our Privacy Policy, including the transfer mechanisms described therein (e.g., Standard Contractual Clauses). See our Privacy Policy for complete details.
5.1 Mandatory Consumer Protections
If you are a consumer (an individual acting outside the scope of your trade, business, craft, or profession) located in the European Economic Area, the United Kingdom, Australia, or another jurisdiction with mandatory consumer protection laws, the following applies:
Nothing in these Terms limits or excludes any rights that you have under the mandatory consumer protection laws of your jurisdiction that cannot be limited or excluded by contract.
To the extent that any provision of these Terms conflicts with mandatory consumer protection laws in your jurisdiction, that provision shall be read as modified to the minimum extent necessary to comply with those laws, and the remainder of these Terms shall continue in full force and effect.
In particular, if you are a consumer in the European Union or the United Kingdom, the limitation of liability provisions in Section 11, the warranty disclaimers in Section 17.3, and the governing law and dispute resolution provisions in Sections 15 and 16 do not limit your statutory rights under applicable consumer protection legislation, including Directive 2011/83/EU (Consumer Rights Directive), Directive 93/13/EEC (Unfair Contract Terms Directive), and the UK Consumer Rights Act 2015.
If you are a consumer in Australia, nothing in these Terms excludes, restricts, or modifies any consumer guarantee under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) where it would be unlawful to do so.
5.2 EU Right of Withdrawal (Cooling-Off Period)
If you are a consumer located in the European Economic Area or the United Kingdom and you purchase services remotely (including via our Site or by email/phone), you have a statutory right to withdraw from the contract within fourteen (14) calendar days from the date of contract conclusion, without giving any reason and without incurring any cost other than as described below.
To exercise the right of withdrawal, you must inform us of your decision by a clear, unambiguous statement sent to michael@totalgrowthcc.com before the 14-day period expires.
Exception — Services already begun: If you have expressly requested that service performance begin during the withdrawal period, and you have acknowledged that you will lose your right of withdrawal once the service has been fully performed, you will owe us a proportionate amount for the services provided up to the point at which you notified us of your withdrawal. We will request your express consent and acknowledgment before beginning services during the withdrawal period.
Exception — Digital content: For self-paced digital courses and digital content, you acknowledge that by beginning to download or stream the content, you consent to lose your right of withdrawal once performance has begun, provided we have obtained your prior express consent and acknowledgment.
Any refunds due under the right of withdrawal will be processed within fourteen (14) days using the same payment method you used for the original transaction.
6. Confidentiality
6.1 Mutual Confidentiality
Both parties agree to treat as confidential all non-public information received from the other party in connection with the engagement (“Confidential Information”). Confidential Information includes, without limitation, business strategies, financial information, employee data, assessment results, coaching session content, organizational data, proprietary methodologies, and any information marked as confidential.
6.2 Coaching Confidentiality
The content of individual coaching sessions is confidential between the coach and the client. TGC&C will not disclose specific session content to organizational sponsors, HR departments, or any third party without the client’s express written consent, except:
Where the client poses an imminent risk of harm to themselves or others.
Where disclosure is required by law, regulation, or court order.
Where the client and organizational sponsor have agreed in the Engagement Agreement to the sharing of specific summary information (e.g., progress themes, goals achieved) with the sponsor.
6.3 Assessment Confidentiality
Individual assessment results are shared only with the assessed individual and, where applicable, with the organizational sponsor as agreed in the Engagement Agreement. TGC&C will not share individual assessment results with unauthorized parties. Aggregate or anonymized assessment data may be used for organizational reporting as specified in the Engagement Agreement.
6.4 Exceptions
Confidentiality obligations do not apply to information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; (c) is independently developed by the receiving party; or (d) is disclosed with the written consent of the disclosing party.
7. Intellectual Property
7.1 TGC&C Intellectual Property
All content on the Site, including text, graphics, logos, images, audio, video, course materials, frameworks, methodologies, tools, templates, and software, is the property of TGC&C or its licensors and is protected by U.S. and international copyright, trademark, and intellectual property laws.
The TGC&C name, logo, “Total Growth Coaching and Consulting,” “The Growth Edge,” and related marks are trademarks of TGC&C. You may not use our trademarks without prior written consent.
7.2 Client Deliverables
Deliverables created specifically for your engagement (e.g., assessment reports, talent review documents, HR policy drafts, organizational design recommendations) are provided for your internal use. You may not resell, redistribute, or sublicense these deliverables without TGC&C’s written consent. TGC&C retains ownership of its underlying methodologies, frameworks, templates, and tools used to create the deliverables.
7.3 Assessment Instruments
Leadership assessments administered by TGC&C are proprietary instruments owned by their respective publishers (e.g., Hogan Assessment Systems, Multi-Health Systems, Gallup, The Myers-Briggs Company). These instruments are licensed for use by TGC&C and may not be copied, reproduced, or distributed by the client.
7.4 Course Materials and Resource Library
Access to self-paced courses, the client resource library, and learning paths is granted on a personal, non-transferable, non-exclusive license for the duration of your active subscription or purchase. You may not share login credentials, copy, record, distribute, or publicly display course content.
7.5 Client Data Ownership and Retention
Your organizational data remains your property. Information you provide to TGC&C during an engagement — including but not limited to employee data, compensation data, organizational charts, policies, survey responses, talent review outputs, and performance records — is used solely to deliver the contracted services and is not retained by TGC&C beyond what is necessary to complete the engagement, except as described below.
Consulting and Organizational Engagements: Upon completion of a consulting engagement, TGC&C will deliver all completed deliverables to the client. Working copies of client-provided organizational data (employee files, compensation data, survey responses, and similar materials) will be deleted from TGC&C systems within thirty (30) days following final deliverable acceptance, unless a longer retention period is agreed upon in writing. TGC&C may retain anonymized or aggregated data that cannot be attributed to any individual or organization for the purpose of improving methodologies and benchmarking.
Coaching Engagements: Coaching session notes, development plans, and related coaching records are maintained by TGC&C in its coaching platform for the duration of the engagement and for a defined retention period following the engagement’s conclusion, to support potential re-engagement and continuity of the coaching relationship. The specific retention period will be defined in the coaching agreement. Upon request, coaching clients may receive copies of their session notes and development plans. Individual assessment results are accessible through the respective assessment publisher’s platform and are available to the client upon request.
Third-Party Platforms and Vendor Relationships: Where services involve third-party platforms — including but not limited to survey tools, HRIS systems, assessment publisher portals, and learning management systems — the client is responsible for establishing and maintaining their own accounts and vendor relationships. Data stored on third-party platforms is governed by those platforms’ terms of service and privacy policies. TGC&C does not serve as a long-term custodian of client data on third-party platforms.
8. Client Responsibilities
To ensure the success of your engagement, you agree to:
Provide accurate, complete, and timely information necessary for the delivery of services.
Attend scheduled sessions and meetings as agreed, providing at least twenty-four (24) hours’ notice for cancellations or rescheduling (see Section 9).
Designate a primary point of contact for organizational engagements.
Make reasonable efforts to implement recommendations and complete agreed-upon action items between sessions.
Ensure that all individuals participating in assessments or coaching do so voluntarily and are informed of how their data will be used.
Comply with all applicable laws and regulations in connection with the services.
9. Cancellation and Rescheduling
9.1 Coaching Sessions
Coaching sessions may be rescheduled with at least twenty-four (24) hours’ notice at no charge. Sessions cancelled or rescheduled with less than twenty-four (24) hours’ notice, or missed without notice (“no-shows”), will be counted as a completed session and will not be rescheduled or refunded.
9.2 Consulting Sessions and Meetings
Consulting meetings and working sessions may be rescheduled with at least forty-eight (48) hours’ notice. Repeated cancellations or no-shows may, at TGC&C’s discretion, be treated as a material breach of the Engagement Agreement.
9.3 Workshops and Facilitation Events
Custom workshop and facilitation events may be rescheduled with at least fourteen (14) calendar days’ notice at no charge. Cancellations within fourteen (14) days of the scheduled event are subject to the deposit being non-refundable. Cancellations within seven (7) days of the event are subject to the full fee.
10. Refund Policy
Please see our separate Refund Policy for complete details on refunds, credits, and cancellations for each service type. The Refund Policy is incorporated into these Terms by reference and is available at totalgrowthcc.com/refund-policy.
11. Limitation of Liability
11.1 Nature of Services
TGC&C provides professional consulting, coaching, and advisory services. Our services are designed to provide information, guidance, frameworks, and support. Results depend on many factors, including the client’s commitment, organizational context, market conditions, and other variables outside TGC&C’s control. We do not guarantee specific outcomes, results, revenue increases, retention improvements, or other business metrics.
11.2 Professional Boundaries
TGC&C services are not a substitute for legal, financial, accounting, tax, medical, or mental health advice. We do not provide legal counsel, financial advice, tax planning, therapy, or clinical services. Clients are encouraged to consult appropriate licensed professionals for matters outside the scope of our services.
11.3 Limitation of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TGC&C’S TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO TGC&C DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
IN NO EVENT SHALL TGC&C BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF TGC&C HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.4 Mandatory Consumer Protection Carve-Out
Nothing in this Section 11 excludes or limits liability that cannot be excluded or limited under applicable law, including but not limited to: (a) liability for death or personal injury caused by negligence; (b) liability for fraud or fraudulent misrepresentation; (c) liability under mandatory consumer guarantees in the European Union, the United Kingdom, or Australia; or (d) any other liability that cannot lawfully be excluded or limited.
11.5 Assessment Disclaimer
Leadership assessments are validated psychometric instruments used for developmental purposes. Assessment results are data points and conversation starters, not diagnoses, verdicts, or predictions of future performance. TGC&C is not liable for employment decisions, promotion decisions, or other organizational actions taken based on assessment results.
12. Indemnification
You agree to indemnify, defend, and hold harmless TGC&C, its owner, contractors, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of these Terms; (b) your use of the Site or services; (c) your violation of any applicable law or regulation; (d) any employment decisions or organizational actions taken based on TGC&C’s recommendations or assessment results; or (e) any dispute between you and a third party related to the services.
This indemnification obligation applies to business clients. If you are a consumer in a jurisdiction where indemnification clauses are unenforceable against consumers (such as the European Union, the United Kingdom, or Australia), this Section 12 shall apply only to the extent permitted by applicable law.
13. Term and Termination
13.1 Engagement Term
The term of each engagement is specified in the applicable Engagement Agreement. For retainer services, the minimum commitment period is six (6) months, followed by month-to-month continuation with thirty (30) days’ written notice to terminate.
13.2 Termination for Convenience
Either party may terminate an engagement by providing written notice as specified in the Engagement Agreement. If no specific termination provision exists, thirty (30) days’ written notice is required.
13.3 Termination for Cause
Either party may terminate an engagement immediately upon written notice if the other party: (a) materially breaches these Terms or the Engagement Agreement and fails to cure such breach within fifteen (15) days of receiving written notice; (b) becomes insolvent or files for bankruptcy; or (c) engages in conduct that is illegal, unethical, or harmful to the other party’s reputation.
13.4 Effect of Termination
Upon termination: (a) all outstanding fees for services rendered through the date of termination become immediately due and payable; (b) TGC&C will deliver any completed or in-progress deliverables to the client; (c) each party will return or destroy the other party’s Confidential Information, subject to the data retention provisions in Section 7.5; and (d) Sections 6 (Confidentiality), 7 (Intellectual Property), 11 (Limitation of Liability), 12 (Indemnification), and 16 (Governing Law) shall survive termination.
14. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government actions, war, terrorism, labor disputes, internet or telecommunications failures, or power outages. The affected party shall notify the other party promptly and use reasonable efforts to mitigate the impact of the force majeure event.
15. Dispute Resolution
15.1 Informal Resolution
Before initiating any formal dispute resolution proceedings, the parties agree to attempt to resolve any dispute informally by providing written notice to the other party describing the nature of the dispute and the relief sought. The parties will use good-faith efforts to resolve the dispute within thirty (30) days of receipt of such notice.
15.2 Mediation
If informal resolution efforts are unsuccessful, the parties agree to submit the dispute to non-binding mediation administered by a mutually agreed-upon mediator in Dallas County, Texas, before pursuing arbitration or litigation. The costs of mediation shall be shared equally.
15.3 Binding Arbitration
If mediation is unsuccessful, any dispute arising out of or relating to these Terms or the services shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Dallas County, Texas. The arbitrator’s award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
15.4 Class Action Waiver
YOU AND TGC&C AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
15.5 Small Claims Exception
Notwithstanding the above, either party may bring an individual action in small claims court in Dallas County, Texas, for disputes within the court’s jurisdictional limits.
15.6 Consumer Exception
If you are a consumer located in the European Union, the United Kingdom, Australia, or another jurisdiction where mandatory consumer protection laws prohibit or restrict pre-dispute binding arbitration clauses, class action waivers, or mandatory forum selection: (a) the binding arbitration provisions in Section 15.3 and the class action waiver in Section 15.4 shall not apply to you to the extent prohibited by applicable law; (b) you retain your right to bring proceedings before the courts of your habitual residence or as otherwise permitted under applicable consumer protection law; and (c) any mandatory dispute resolution procedures available under your local consumer protection law (such as the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr) shall remain available to you.
16. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions. For any matters not subject to arbitration under Section 15, the parties consent to the exclusive jurisdiction of the state and federal courts located in Dallas County, Texas.
Notwithstanding the foregoing, if you are a consumer in a jurisdiction where applicable mandatory law entitles you to the protection of the laws of your country of habitual residence, and/or to bring proceedings in the courts of your country of habitual residence, nothing in this section deprives you of those protections. In particular, consumers in the European Union retain the right to rely on the mandatory provisions of the law of their habitual residence in accordance with Regulation (EC) No 593/2008 (Rome I).
17. Website Terms of Use
17.1 Permitted Use
You may access and use our Site for lawful purposes only. You agree not to:
Use the Site in any manner that could damage, disable, overburden, or impair the Site.
Attempt to gain unauthorized access to any part of the Site, other accounts, or systems.
Use automated tools, bots, scrapers, or similar technologies to access or collect data from the Site.
Copy, reproduce, distribute, or create derivative works based on Site content without written permission.
Use the Site to transmit harmful, unlawful, or objectionable content.
17.2 User Accounts
Certain features of the Site, including the client resource library, learning paths, and self-paced courses, may require you to create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
17.3 Disclaimer of Warranties
THE SITE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TGC&C DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS.
If you are a consumer in a jurisdiction where the exclusion of implied warranties is not permitted (including the European Union, the United Kingdom, and Australia), the above disclaimer applies only to the extent permitted by applicable law. Your statutory rights, including mandatory consumer guarantees, are not affected.
18. Independent Contractor Status
TGC&C is an independent contractor and not an employee, agent, partner, or joint venturer of any client. Nothing in these Terms or any Engagement Agreement creates an employment, agency, partnership, or joint venture relationship. TGC&C retains full control over the manner and means of performing its services, subject to the deliverables and timelines agreed upon in the Engagement Agreement.
19. Non-Solicitation
During the term of any active engagement and for twelve (12) months following its conclusion, neither party shall directly solicit for employment or engagement any employee or contractor of the other party who was involved in the engagement, without the other party’s prior written consent. This provision does not restrict either party from hiring individuals who respond to general, publicly available job postings. If you are a consumer in a jurisdiction where non-solicitation clauses are unenforceable against consumers, this Section 19 applies only to the extent permitted by applicable law.
20. Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.
21. Entire Agreement
These Terms, together with our Privacy Policy, Refund Policy, and any applicable Engagement Agreement, constitute the entire agreement between you and TGC&C regarding the subject matter hereof. These Terms supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Site or services.
22. Amendments
TGC&C reserves the right to modify these Terms at any time. Material changes will be communicated by updating the Effective Date at the top of this page and, where appropriate, by email notification. Your continued use of the Site or services after such modifications constitutes your acceptance of the updated Terms. For consumers in the European Union and the United Kingdom, material changes that affect your rights will require your affirmative consent.
23. Assignment
You may not assign or transfer these Terms or any rights or obligations hereunder without TGC&C’s prior written consent. TGC&C may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all of its assets.
24. Waiver
The failure of either party to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by the waiving party.
25. Contact Information
If you have questions about these Terms of Service, please contact us:
Total Growth Coaching and Consulting, LLC
Email: michael@totalgrowthcc.com
Website: totalgrowthcc.com
Location: Dallas-Fort Worth, Texas, United States