Terms of Service

1. Acceptance of Terms

By accessing our Site, scheduling a consultation, engaging our Services, or otherwise interacting with Aftermath Solutions, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and "you" and "your" will refer to that organization.

These Terms constitute a legally binding agreement between you and Aftermath Solutions LLC.

2. Eligibility

Our Services are intended for use by individuals who are at least 18 years of age and organizations operating in compliance with applicable laws. By using our Services, you represent and warrant that:

• You are at least 18 years old
• You have the legal capacity to enter into a binding agreement
• If acting on behalf of an organization, you have authority to bind that organization
• Your use of our Services does not violate any applicable law or regulation
• All information you provide to us is accurate, current, and complete

3. Description of Services

Aftermath Solutions provides crisis preparedness and recovery consulting services, including but not limited to:

• Readiness Audits: Assessment of organizational preparedness and recovery capacity
• Recovery Navigation: Strategic guidance for organizations navigating post-crisis periods
• Remembrance Planning: Support for memorials, anniversaries, and ongoing community healing
• Leadership Coaching: Executive advisory services for leaders managing crisis situations
• Training & Workshops: Educational programs on trauma-informed practices, organizational resilience, and crisis recovery
• Factor Assessment: Analysis of risk factors, protective factors, and hidden factors affecting recovery

The specific scope, deliverables, and terms of any consulting engagement will be defined in a separate Statement of Work, Engagement Letter, or Service Agreement between Aftermath Solutions and the Client.

4. Scope & Limitations of Services

What We Provide

• Organizational consulting on crisis preparedness, response, recovery, and remembrance
• Strategic advisory services for leadership teams
• Training and educational workshops
• Assessment frameworks and planning tools
• Guidance based on experience with 280+ crisis-affected communities

What We Do NOT Provide

• Emergency Response Services: We do not provide emergency response, crisis intervention, or first responder services. If you are experiencing an emergency, contact 911 immediately.
• Therapy or Mental Health Treatment: We do not provide individual or group therapy, psychological treatment, counseling, or mental health services.
• Medical Advice: We do not provide medical diagnosis, treatment recommendations, or healthcare services.
• Legal Advice: We do not provide legal advice, legal representation, or legal services. Consult a licensed attorney for legal matters.
• Guarantees of Outcomes: We do not guarantee specific results, outcomes, or that any crisis will be prevented or resolved in a particular manner.

5. No Clinical or Professional Relationship

If you require clinical mental health services, legal advice, or medical care, please consult appropriately licensed professionals in those fields.

6. Client Responsibilities

When engaging our Services, you agree to:

• Provide Accurate Information: Furnish accurate, complete, and timely information necessary for us to perform our Services
• Designated Contact: Identify a primary point of contact authorized to make decisions and provide approvals on behalf of your organization
• Timely Responses: Respond to requests for information, feedback, or decisions in a timely manner
• Access and Resources: Provide reasonable access to personnel, facilities, and resources as needed for the engagement
• Implementation Decisions: You are solely responsible for all decisions regarding whether and how to implement any recommendations, strategies, frameworks, or advice provided through our Services
• Internal Approvals: Obtain all necessary internal approvals, consents, and authorizations for the engagement
• Compliance: Ensure that your use of our Services and implementation of any recommendations complies with all applicable laws, regulations, and organizational policies

Failure to fulfill these responsibilities may affect our ability to deliver Services and does not relieve you of payment obligations.

7. Consulting Engagements

Engagement Documents

Consulting engagements beyond initial consultations will be governed by a separate written agreement, which may include a Statement of Work, Engagement Letter, or Service Agreement (collectively, "Engagement Documents"). Engagement Documents will specify:

• Scope of services and deliverables
• Timeline and milestones
• Fees and payment terms
• Specific responsibilities of each party
• Confidentiality provisions
• Any terms that supplement or modify these Terms

Order of Precedence

In the event of a conflict between these Terms and an Engagement Document, the Engagement Document will control with respect to that specific engagement, unless the Engagement Document expressly states otherwise.

Changes to Scope

Any changes to the scope of an engagement must be agreed upon in writing by both parties. Additional fees may apply for work outside the original scope.

8. Fees and Payment

Pricing

Fees for our Services are as quoted in proposals, Engagement Documents, or as otherwise agreed in writing. All fees are quoted in U.S. dollars unless otherwise specified.

Payment Terms

Unless otherwise specified in an Engagement Document:

• Invoices are due within thirty (30) days of the invoice date
• For engagements exceeding $10,000, a deposit of 50% may be required before work begins
• Payment may be made by check, ACH transfer, or credit card (additional processing fees may apply to credit card payments)

Late Payments

Overdue amounts may be subject to a late fee of 1.5% per month (or the maximum rate permitted by law, whichever is less). We reserve the right to suspend Services for accounts more than 30 days past due.

Expenses

Unless otherwise agreed, fees do not include travel, lodging, or other out-of-pocket expenses. Such expenses will be billed separately at cost or as specified in the Engagement Document.

Taxes

Fees do not include applicable sales, use, or other taxes. You are responsible for all taxes associated with our Services, excluding taxes based on our net income.

9. Cancellation and Refunds

Workshops and Training

• More than 30 days before: Full refund minus a $250 administrative fee
• 15-30 days before: 50% refund or credit toward future services
• Less than 15 days before: No refund; credit toward future services at our discretion
• Substitutions: You may substitute attendees at any time at no additional charge

Consulting Engagements

Cancellation terms for consulting engagements will be specified in the applicable Engagement Document. In the absence of specific terms:

• Either party may terminate with 30 days' written notice
• Client is responsible for fees for work completed through the termination date
• Deposits are non-refundable but may be applied to work completed

Cancellation by Aftermath Solutions

We reserve the right to cancel or reschedule Services due to circumstances beyond our control, illness, or insufficient enrollment. In such cases, you will receive a full refund or the option to reschedule.

10. Intellectual Property

Our Intellectual Property

Aftermath Solutions retains all rights, title, and interest in and to:

• Our methodologies, frameworks, and processes (including but not limited to the "Aftermath Equation," "Recovery Gap" framework, and related concepts)
• Training materials, presentations, templates, and tools
• Our trademarks, logos, and brand elements
• Website content, design, and functionality
• Any pre-existing intellectual property we bring to an engagement

Client Materials

You retain all rights to your pre-existing materials, data, and information provided to us. You grant us a limited license to use such materials solely for the purpose of providing our Services.

Deliverables

Unless otherwise specified in an Engagement Document:

• Custom deliverables created specifically for you (such as customized assessments, reports, and recommendations) are owned by you upon full payment
• We retain the right to use general knowledge, skills, experience, and know-how gained during the engagement
• We retain ownership of our underlying methodologies, frameworks, and tools, even when incorporated into deliverables

Case Studies and References

We may use your organization's name and a general description of our work together as a reference or in case studies, unless you notify us in writing that you prefer to remain confidential. We will not disclose confidential information without your consent.

11. Confidentiality

Mutual Confidentiality

Both parties agree to maintain the confidentiality of Confidential Information disclosed during the engagement. "Confidential Information" includes:

• Business strategies, plans, and operations
• Financial information
• Client lists and relationships
• Proprietary methodologies and trade secrets
• Information about incidents, crises, or vulnerabilities
• Any information marked as confidential or that a reasonable person would understand to be confidential

Exceptions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no fault of the receiving party
• Was rightfully known before disclosure
• Is independently developed without use of Confidential Information
• Is rightfully obtained from a third party without restriction
• Must be disclosed by law, regulation, or court order (with reasonable notice to the disclosing party where permitted)

Mandatory Reporting

Notwithstanding the above, we may be required by law to report certain information, including imminent threats of harm to self or others, suspected child abuse or neglect, or other matters subject to mandatory reporting requirements. Such disclosures do not constitute a breach of confidentiality.

Duration

Confidentiality obligations survive termination of the engagement and continue for a period of three (3) years, except for trade secrets, which remain protected indefinitely.

12. User Conduct

When using our Site or Services, you agree not to:

• Violate any applicable law, regulation, or third-party rights
• Provide false, misleading, or inaccurate information
• Impersonate any person or entity
• Interfere with or disrupt the Site or Services
• Attempt to gain unauthorized access to any systems or data
• Use the Site or Services for any unlawful or unauthorized purpose
• Reproduce, distribute, or create derivative works from our content without permission
• Use automated systems (bots, scrapers, etc.) to access the Site without permission
• Harass, threaten, or harm Aftermath Solutions personnel or other users

We reserve the right to refuse or terminate Services to anyone who violates these provisions.

13. Disclaimers

14. Limitation of Liability

15. Indemnification

You agree to indemnify, defend, and hold harmless Aftermath Solutions and its officers, directors, employees, agents, contractors, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or related to:

• Your use of or access to the Site or Services
• Your violation of these Terms
• Your violation of any applicable law or third-party rights
• Any information or content you provide to us
• Your implementation of or reliance on any recommendations, strategies, or advice provided through our Services
• Any claims by third parties related to your actions or omissions

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

16. Termination

Termination by You

You may stop using the Site at any time. For active consulting engagements, termination is governed by Section 9 (Cancellation) and any applicable Engagement Documents.

Termination by Us

We may suspend or terminate your access to the Site or Services, in whole or in part, at any time and for any reason, including but not limited to:

• Violation of these Terms
• Failure to pay fees when due
• Conduct that we determine, in our sole discretion, is harmful to us, other clients, or third parties
• Requests by law enforcement or government agencies
• Discontinuation of the Site or Services

Effect of Termination

Upon termination:

• Your right to access and use the Site and Services will immediately cease
• All fees owed through the termination date become immediately due and payable
• Provisions that by their nature should survive termination will survive, including but not limited to Sections 10 (Intellectual Property), 11 (Confidentiality), 13 (Disclaimers), 14 (Limitation of Liability), 15 (Indemnification), 18 (Dispute Resolution), and 19 (Governing Law)

17. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms (other than payment obligations) where such failure or delay results from circumstances beyond the party's reasonable control, including but not limited to:

• Natural disasters (earthquakes, floods, hurricanes, etc.)
• Acts of war, terrorism, or civil unrest
• Epidemics, pandemics, or public health emergencies
• Government actions, laws, or regulations
• Labor disputes or strikes
• Failure of third-party telecommunications or power supply
• Cyberattacks or security incidents beyond reasonable prevention

The affected party shall promptly notify the other party and use reasonable efforts to mitigate the impact. If a force majeure event continues for more than sixty (60) days, either party may terminate the affected engagement without liability.

Note: Given the nature of our work, we understand that our clients may themselves be affected by disasters and crises. We will work with you in good faith to accommodate such circumstances.

18. Dispute Resolution

Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at Hello@theaftermathsolutions.com to attempt to resolve any dispute informally. We will attempt to resolve the dispute through good-faith negotiation for a period of at least thirty (30) days.

Mediation

If informal resolution is unsuccessful, either party may initiate non-binding mediation administered by a mutually agreed-upon mediator. The costs of mediation shall be shared equally by the parties.

Litigation

If mediation is unsuccessful or if either party chooses not to mediate, any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Westchester County, New York. Both parties consent to the personal jurisdiction of such courts and waive any objection to venue.

Class Action Waiver

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND AFTERMATH SOLUTIONS AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Time Limitation

Any claim arising out of or related to these Terms or the Services must be brought within one (1) year after the claim arose, or it is permanently barred.

19. Governing Law

These Terms and any disputes arising out of or related to these Terms, the Site, or the Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

20. General Provisions

Entire Agreement

These Terms, together with the Privacy Policy and any applicable Engagement Documents, constitute the entire agreement between you and Aftermath Solutions regarding the subject matter hereof and supersede all prior agreements, communications, and understandings.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent.

Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Aftermath Solutions.

Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

Independent Contractors

The relationship between you and Aftermath Solutions is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights, except that our officers, directors, employees, agents, and affiliates are intended third-party beneficiaries of the indemnification and limitation of liability provisions.

Notices

Notices to Aftermath Solutions must be sent to Hello@theaftermathsolutions.com with "Legal Notice" in the subject line. We may provide notices to you via email to the address associated with your engagement or by posting on the Site.

Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

21. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date at the top of these Terms
• Post the revised Terms on our Site
• For material changes affecting active engagements, provide direct notice via email

Your continued use of the Site or Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site and Services.

Changes to Terms do not apply retroactively to engagements that were already in progress under prior Terms, unless both parties agree in writing.