Terms & Conditions

Effective Date: September 1, 2025

Welcome to Krivanek Consulting. These Terms & Conditions (“Terms”) govern your engagement with Krivanek Consulting (“we,” “us,” “our,” or “Consultant”) for executive consulting services. By engaging our services, you (“Client” or “you”) agree to be bound by these Terms. Please read carefully.

1. Scope of Services

We offer tailored executive advisory, strategic consulting, leadership development, M&A support, and related consulting services. The specific services, deliverables, timelines, and fees for a given engagement will be mutually agreed upon in a separate engagement letter or proposal (“Engagement Agreement”), which will be incorporated into these Terms upon execution.

2. Payment Terms

  • Fees & Invoicing: Fees are based on the nature and duration of services (e.g., hourly, project-based, retainer), as stated in the Engagement Agreement.

  • Payment: Unless otherwise specified, payment is due within 30 days of invoice date.

  • Late Payment: Past-due invoices may accrue interest at 1.5% per month (or the highest rate permitted by law), starting from the due date.

3. Client Responsibilities

You agree to provide all necessary information, documents, and timely input required by us to perform the services. Any delay from your side may affect deliverable timelines.

4. Confidentiality

Both parties will keep all confidential information strictly confidential and use it only for purposes of the engagement. This obligation continues indefinitely beyond the end of our engagement, unless otherwise agreed or required by law.

5. Limitation of Liability

To the fullest extent permitted by law:

  • Our total liability under these Terms or the Engagement Agreement shall be limited to the total fees paid by you for the services at issue.

  • In no event will we be liable for indirect or consequential damages, loss of profits, or other economic losses, even if advised of their possibility.

6. No Guarantee

We provide guidance and recommendations based on our experience, but we cannot guarantee specific outcomes. External market conditions and client follow-through can significantly influence results.

7. Term and Termination

  • The engagement starts upon execution of the Engagement Agreement and ends as specified therein.

  • Either party may terminate for convenience with 30 days' written notice. Upon termination, you will pay for all services rendered and costs incurred through the termination date.

8. Intellectual Property

We retain ownership of our methodologies, intellectual property, and pre-existing materials. Upon full payment, we grant you a non-exclusive, non-transferable license to use deliverables for your internal business purposes. Any further use or distribution requires our prior written consent.

9. Governing Law and Dispute Resolution

Governing Law: This agreement shall be governed by the laws of the State of [Insert State, e.g., Colorado], without regard to conflicts of law principles.

Dispute Resolution: Any disputes will first be addressed in good faith through negotiation between the parties. If unresolved within 30 days, disputes will be submitted to binding arbitration under the rules of [e.g., JAMS or AAA] in [City, State], with each party bearing its own costs.

10. Force Majeure

Neither party is responsible for delays or failures to perform due to unforeseeable events beyond its control, including natural disasters, acts of government, or other acts of God. The affected party must notify the other promptly and resume performance as soon as feasible.

11. Amendments

We may modify these Terms at any time with 30 days' written notice. Material changes will be highlighted and shared explicitly. Continued use after changes constitutes acceptance of the revised Terms.

12. Entire Agreement

These Terms, together with the Engagement Agreement, constitute the entire agreement between the parties and supersede all prior discussions, proposals, or understandings, whether oral or written.

13. Contact Information

For questions regarding these Terms: