Agreement

HEALTHY HOME CONSULTING AGREEMENT — Single Session Strategy Call

This Agreement is entered into between The Well Build Standard LLC ("Consultant") and the purchaser identified by the name and email address provided at checkout ("Client"). The "Effective Date" is the date of purchase as recorded by Consultant's checkout system.

ACCEPTANCE

By checking the "I agree" box and completing your purchase of the Single Session Strategy Call, you (Client) acknowledge that you have read, understood, and agree to be bound by this Agreement with the same force and effect as a handwritten signature, in accordance with the federal ESIGN Act and the New York Electronic Signatures and Records Act (ESRA). Your name, email address, and the date and time of acceptance are recorded by Consultant's checkout system as evidence of execution.

RECITALS

WHEREAS, Consultant is in the business of providing building-science-driven consulting services focused on mold and moisture prevention, low-VOC material strategies, low-EMF home design, and overall indoor environmental quality; and
WHEREAS, Client desires to engage Consultant for a single advisory consulting session in connection with Client's residential construction or renovation project (the "Project");
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:

1. SCOPE OF SERVICES

Consultant shall provide Client with one (1) building-science advisory consulting session of approximately 45 minutes (the "Session"), to be scheduled after purchase via the booking link provided. The Session may include, but is not limited to:

  • Review and discussion of architectural plans, construction details, and material specifications for mold, moisture, and indoor air quality considerations
  • Guidance on low-VOC material selection and low-EMF design strategies
  • HVAC strategy discussion related to ventilation, filtration, and humidity control
  • General healthy-home advisory and best-practice recommendations

Services expressly exclude: on-site inspections, project management, contractor coordination, product procurement, ongoing support beyond the Session, and any services requiring a professional license (architecture, engineering, general contracting, building inspection).

2. PROFESSIONAL FEES & PAYMENT

2.1 Fee. The fee for the Session is shown on the website and is due and paid in full at the time of purchase.
2.2 Payment Terms.

  • Payment is processed in full at checkout, prior to the commencement of services.
  • All fees are non-refundable once the Session has been rendered.
  • Client may reschedule the Session by providing at least twenty-four (24) hours' notice. Cancellation or rescheduling with less than twenty-four (24) hours' notice, or failure to attend the scheduled Session ("no-show"), results in forfeiture of the Session and the fee paid.

3. ADVISORY CAPACITY & PROFESSIONAL REVIEW

3.1 Advisory Capacity Only. Consultant provides educational and advisory services only. Consultant is NOT a licensed contractor, architect, engineer, or building inspector. Consultant does not provide on-site supervision and does not assume responsibility for construction means, methods, sequences, or quality of work performed by others.
3.2 Licensed Professional Review (Mandatory). Client acknowledges and agrees that ALL recommendations provided by Consultant must be reviewed and approved by Client's licensed contractor, architect, or engineer prior to implementation. Client shall not rely solely on Consultant's advice for any construction, renovation, or remediation decision. Consultant's recommendations are intended to supplement, not replace, the judgment of licensed professionals.

4. LIMITATION OF LIABILITY

4.1 Maximum Liability. THE TOTAL AGGREGATE LIABILITY OF CONSULTANT TO CLIENT FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CLIENT UNDER THIS AGREEMENT. THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
4.2 Excluded Damages. IN NO EVENT SHALL CONSULTANT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: CONSTRUCTION DELAYS, COST OVERRUNS, PROPERTY DAMAGE, DIMINUTION IN PROPERTY VALUE, MEDICAL EXPENSES, HEALTH-RELATED COSTS, LOSS OF USE, OR EMOTIONAL DISTRESS, REGARDLESS OF WHETHER CONSULTANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.3 Time Limitation on Claims. Any claim against Consultant arising out of or related to this Agreement must be brought within one (1) year from the date the services giving rise to the claim were performed, or such claim shall be forever barred.
4.4 Third-Party Actions. Consultant shall not be liable for any loss, damage, or claim arising from the acts, omissions, negligence, or willful misconduct of Client's contractors, subcontractors, architects, engineers, or other third-party professionals, even if such actions were taken in response to Consultant's advisory feedback.

5. DISCLAIMER OF WARRANTIES

CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING: HEALTH OUTCOMES, THE EFFECTIVENESS OF RECOMMENDED STRATEGIES, THE ABSENCE OF MOLD, MOISTURE, VOCS, EMFS, OR OTHER AIR QUALITY ISSUES DURING OR AFTER CONSTRUCTION, OR THE PERFORMANCE OF MATERIALS, SYSTEMS, OR METHODS RECOMMENDED. ALL SERVICES ARE PROVIDED ON AN "AS-IS" ADVISORY BASIS.

6. INDEMNIFICATION

Client agrees to INDEMNIFY, DEFEND, and HOLD HARMLESS The Well Build Standard LLC, its members, managers, employees, 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:

  • The implementation or non-implementation of Consultant's recommendations by Client or any third party
  • The acts, omissions, or negligence of Client's contractors, subcontractors, architects, engineers, or other third-party professionals
  • Client's failure to obtain required licensed professional review as set forth in Section 3.2
  • Any use of Consultant's materials or recommendations beyond the scope of this Agreement or the specific Project
  • Any claims by third parties arising from the Project, including but not limited to property damage, personal injury, or health-related claims

Indemnification Procedure. The indemnified party shall: (a) provide prompt written notice of any claim (provided that failure to give prompt notice shall not relieve the indemnifying party except to the extent materially prejudiced); (b) grant the indemnifying party reasonable control over the defense and settlement of such claim; and (c) provide reasonable cooperation at the indemnifying party's expense. No settlement that imposes obligations on the indemnified party shall be made without its prior written consent.

7. INTELLECTUAL PROPERTY

All materials, reports, recommendations, specifications, and other deliverables provided by Consultant (collectively, "Work Product") remain the exclusive property of The Well Build Standard LLC. Client is granted a limited, non-exclusive, non-transferable, revocable license to use the Work Product solely in connection with the Project described herein. Consultant reserves the right to revoke this license upon material breach of this Agreement by Client. Upon termination or revocation, Client shall cease use of and, upon request, return or destroy all copies of Work Product in Client's possession.
Client shall not reproduce, distribute, share, publish, or otherwise disseminate Consultant's Work Product, proprietary methodologies, or recommendations to any third party without prior written consent of Consultant. Sharing of Work Product with Client's licensed professionals for the purpose of implementing recommendations on this specific Project is expressly permitted. This restriction survives termination of this Agreement.

8. CONFIDENTIALITY

Each party agrees to maintain the confidentiality of all non-public information disclosed by the other party during the course of this engagement, including but not limited to: project details, home design and layout, personal and family information, proprietary processes, pricing structures, and business methodologies.
Consultant shall not disclose details of Client's project, home, or personal information to third parties without Client's prior written consent. Client shall not disclose Consultant's proprietary processes, pricing, or methodologies to third parties. Permitted disclosures include sharing of information with the parties' respective legal, financial, and tax advisors, and as required by law. This obligation survives termination of this Agreement for a period of five (5) years; provided, however, that obligations with respect to trade secrets shall survive for so long as such information constitutes a trade secret under applicable law.
Nothing in this Section shall restrict either party's use of general skills, knowledge, and experience acquired during the performance of this Agreement.
Each party shall implement reasonable administrative, technical, and physical safeguards to protect the other party's Confidential Information. In the event of a breach of security involving the other party's personal information, the affected party shall provide written notice within seventy-two (72) hours of discovery.

9. MARKETING & TESTIMONIALS

Client grants Consultant permission to reference this Project in marketing materials, including anonymized case studies, portfolio examples, and educational content. Consultant shall not use Client's name, likeness, address, or identifiable project details without Client's prior written consent. Client may opt out of this provision entirely by emailing [your email] at or before the scheduled Session.

10. VENDOR COORDINATION FEE DISCLOSURE

The Well Build maintains relationships with vetted third-party service providers, including but not limited to mold inspectors, remediators, HVAC specialists, and other home professionals. In some cases, Consultant receives a coordination fee from these providers in connection with the vetting, curation, and coordination of services for Client's Project. Consultant discloses this so Client can make an informed decision. Consultant's vendor recommendations are based on quality, experience, and fit for the Project. Client is always free to source their own providers. The existence of a coordination fee arrangement does not create any warranty, guarantee, or liability on the part of Consultant for the work performed by any coordinated provider.

11. TERMINATION

11.1 Termination for Cause. Either party may terminate this Agreement for cause if the other party commits a material breach and fails to cure within fourteen (14) days of written notice.
11.2 Termination for Convenience. Prior to the Session, either party may terminate this Agreement; if Consultant terminates for convenience before the Session, Client shall receive a full refund of the fee paid.
11.3 Effect of Termination. Upon termination, Client remains responsible for payment for any services rendered through the termination date, and all confidentiality, intellectual property, and indemnification obligations shall survive termination.

12. DISPUTE RESOLUTION

12.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions.
12.2 Mediation. In the event of any dispute arising out of or related to this Agreement, the parties shall first attempt to resolve the dispute through good-faith mediation in Nassau County, New York, using a mutually agreed-upon mediator. The costs of mediation shall be shared equally.
12.3 Binding Arbitration. If mediation does not resolve the dispute within thirty (30) days of the initial mediation session, either party may submit the dispute to binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall take place in Nassau County, New York. The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.
12.4 Attorney's Fees. In any mediation, arbitration, or legal proceeding arising out of or related to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees, costs, and expenses from the non-prevailing party.

13. GENERAL PROVISIONS

13.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
13.2 Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
13.3 Amendments. This Agreement may only be amended or modified by a written instrument agreed to by both parties.
13.4 Electronic Acceptance. The parties agree that acceptance of this Agreement by electronic means (including checking the agreement box at checkout) shall be deemed valid and binding with the same force and effect as an original ink signature, in accordance with the federal ESIGN Act and the New York Electronic Signatures and Records Act (ESRA).
13.5 Independent Contractor. Consultant is an independent contractor and nothing in this Agreement shall be construed to create an employment, partnership, joint venture, or agency relationship between the parties.
13.6 Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed effective when delivered by email to the addresses provided by the parties.
13.7 Force Majeure. Neither party shall be liable for delays or failure to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government orders, or supply chain disruptions.
13.8 Assignment. Neither party may assign or transfer this Agreement without the prior written consent of the other party, except that Consultant may assign this Agreement to a successor entity in the event of a merger, acquisition, or reorganization.
13.9 Non-Exclusivity. Nothing in this Agreement shall be construed as granting Client an exclusive right to Consultant's services. Consultant retains the right to provide similar consulting services to other clients, subject to the confidentiality obligations set forth in Section 8.
13.10 Waiver. The failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to enforce that or any other provision in the future.