Policies
This is what appears on our client agreement, verbatim.
Questions? Email us!
Adam (adam@trailconsultants.com)
Drew (drew@trailconsultants.com)
Adam (adam@trailconsultants.com)
Drew (drew@trailconsultants.com)
This Mutual Non-Disclosure Agreement ("Agreement") is entered into between Trail Consultants ("the Firm") and the undersigned client ("the Client"). Because our consulting model relies on candid conversations in outdoor settings, both parties will share sensitive information. This Agreement protects us both.
1. Mutual Obligation to Protect
Both the Firm and the Client agree to protect each other's confidential information.
2. What Counts as Confidential Information
"Confidential Information" includes all non-public information shared by either party, whether discussed orally during a walk or run, shared in writing, or transmitted electronically.
3. Standard Exclusions
Confidential Information does not include information that:
Is already publicly known (through no fault of the receiving party);
Was already legally known to the receiving party before our discussions;
Is independently developed by the receiving party without using the other's information; or
Is required to be disclosed by law, court order, or government agency.
4. Permitted Use
Neither party will use the other's Confidential Information for any purpose outside of our specific consulting relationship. Neither party will share the other's Confidential Information with any third party, except to internal team members or legal/financial advisors who absolutely need to know and who are bound by similar confidentiality rules.
5. How Long This Lasts
This Agreement remains active as long as we are engaging in consulting activities. The strict obligation to protect the Confidential Information will last for two (2) years following our final session, except for legally defined trade secrets, which must remain confidential indefinitely.
6. Return of Information
If requested, either party will promptly return or permanently delete all physical and digital copies of the other party’s Confidential Information.
AGREED AND ACCEPTED:
Trail Consultants
By: ___________________________
Name: [Adam Dearing / Drew Stearns]
Date: ___________________________
The Client
By: ___________________________
Printed Name: _________________
Date: ___________________________
1. Voluntary Participation and Assumption of Inherent Risks
I understand that Trail Consultants conducts its consulting sessions entirely outdoors. These sessions involve walking, hiking, or running through varied environments. I acknowledge that these outdoor recreational activities involve inherent risks, dangers, and unpredictable hazards that cannot be eliminated.
I confirm that I possess an appropriate level of physical fitness and medical clearance to participate in these activities. I am participating voluntarily, with full knowledge of the dangers involved, and I EXPRESSLY ASSUME ALL INHERENT RISKS, both known and unknown, related to my participation.
(Client Initials: _____)
2. Medical Consent and Emergency Care
If I experience a medical emergency, I authorize Trail Consultants and its partners to secure emergency medical assistance, first aid, or transportation on my behalf. I agree to assume full financial responsibility for any such medical care. I understand that Trail Consultants is not obligated to provide medical assistance, and I release them from any liability related to the provision of, or failure to provide, emergency medical care.
(Client Initials: _____)
3. RELEASE OF LIABILITY (PHYSICAL AND PERSONAL INJURY)
IN CONSIDERATION FOR BEING PERMITTED TO PARTICIPATE IN THESE SESSIONS, I HEREBY IRREVOCABLY RELEASE, WAIVE, AND DISCHARGE TRAIL CONSULTANTS, ITS PARTNERS (INCLUDING ADAM DEARING AND DREW STEARNS), EMPLOYEES, AND AGENTS (THE "RELEASED PARTIES") FROM ANY AND ALL CLAIMS, LIABILITIES, DEMANDS, OR CAUSES OF ACTION ARISING OUT OF MY PARTICIPATION. THIS EXPRESSLY INCLUDES CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES.
I AGREE NOT TO SUE THE RELEASED PARTIES FOR ANY LOSS, PROPERTY DAMAGE, INJURY, OR DEATH SUSTAINED DURING OR AS A RESULT OF THE SESSIONS. I UNDERSTAND THAT THIS RELEASE DOES NOT APPLY TO ACTS OF GROSS NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL MISCONDUCT.
(Client Initials: _____)
4. WAIVER OF PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS) I acknowledge that the business, corporate, and professional consulting services provided by Trail Consultants are strictly advisory in nature. The Released Parties make no representations, guarantees, or warranties—express or implied—regarding specific business outcomes, financial results, or operational improvements. I agree that the Released Parties shall not be held liable for any financial loss, business interruption, loss of profits, or any indirect or consequential damages resulting from my implementation of, or reliance on, the advice and strategies discussed. I understand that this release of professional liability is distinct and separate from the assumption of physical risks outlined in the preceding sections.
I HEREBY RELEASE, WAIVE, AND DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, LIABILITIES, OR CAUSES OF ACTION ARISING OUT OF ALLEGED ERRORS, OMISSIONS, OR PROFESSIONAL NEGLIGENCE IN THE DELIVERY OF THESE CONSULTING SERVICES
(Client Initials: _____)
5. Final Acknowledgment
I have read this Health Waiver and Release of Liability in its entirety. I understand its terms, I understand that I am giving up substantial legal rights by signing it, and I sign it freely and voluntarily without any coercion or duress.
Client Signature: ___________________________
Printed Name: ___________________________
Emergency Contact Name & Phone: ___________________________
Date: ___________________________
Trail Consultants believes that moving through the outdoors, regardless of the elements, enhances problem-solving and cognitive flexibility. Therefore, our sessions proceed in all non-ideal conditions, including rain, snow, heat, wind, or cold. We highly encourage our clients to dress appropriately and brave the elements with us.
The Firm reserves the exclusive right to cancel or reschedule a session in the event of dangerous weather conditions. If the Firm cancels a session due to dangerous weather, the client will be allowed to reschedule the session without any financial penalty.
I HEREBY AGREE TO THE WEATHER CANCELLATION POLICY.
(Client Initials: _____)
If you need to cancel or reschedule a session for any reason, notice must be provided directly to your consulting partner (Adam or Drew) no later than 8:00 PM CST on the day prior to your scheduled appointment.
Cancellations or requests to reschedule received after the 8:00 PM deadline, or failure to appear for a scheduled session without prior notice, will result in the total forfeiture of that session. Under these circumstances, the client will be billed for the session in full, and no refunds or credits will be issued.
I HEREBY AGREE TO THE CLIENT CANCELLATION POLICY.
(Client Initials: _____)