TERMS & CONDITIONS AND CLIENT AGREEMENT
This Agreement is between You (“Client”) and Dakota Design Company, LLC (“Company”) (collectively, the “Parties,” or individually, a “Party”) and governs Client’s purchase of and participation in The Designed to Scale® Method (“DTS Method”).
The DTS Method is offered through two enrollment options:
The Designed to Scale® Method: Self-Study (“Self-Study”), which includes access to the DTS Method curriculum, resources, templates, calculators, implementation materials, over-the-shoulder client meeting recordings, and other digital materials made available by Company.
The Designed to Scale® Method: Private Consulting (“Private Consulting”), which includes everything provided through Self-Study plus a three-month private consulting engagement with Katie McFarlan and Dr. Gloria Stafford, as further described in this Agreement.
The enrollment option selected by Client at checkout determines the specific services, consulting access, and other benefits included in Client’s purchase.
This Agreement becomes effective when Client completes the checkout process and submits the first required payment.
1. Definitions
For purposes of this Agreement:
“DTS Method” means The Designed to Scale® Method, including the curriculum, educational framework, methodologies, implementation activities, recordings, demonstrations, resources, and other materials made available by Company.
“DTS Materials” means all curriculum, lessons, videos, recordings, over-the-shoulder client meeting recordings, workbooks, templates, calculators, SOPs, downloads, forms, processes, frameworks, examples, written materials, and other resources provided as part of the DTS Method.
“Self-Study” means the Self-Study enrollment option described in Section 2.
“Private Consulting” means the Private Consulting enrollment option described in Section 3.
“Consulting Services” means the individualized strategic guidance, reviews, calls, feedback, recommendations, and other private consulting provided to a Private Consulting Client.
“Consulting Period” means the three-month period beginning on the date of Client’s scheduled kickoff call.
“Private Workspace” means the private platform, portal, form, or other communication method designated by Company for Client’s Consulting Services.
2. Self-Study
Clients who purchase Self-Study receive access to the DTS Method curriculum and DTS Materials made available by Company, which may include:
Professionally developed curriculum
Implementation activities and workbook materials
Discovery call teardown and demonstration materials
Over-the-shoulder recordings of client meetings and other demonstrations
Resources, templates, calculators, SOPs, and implementation tools
Future updates to the DTS Method made available by Company during the life of the DTS Method
Self-Study is designed to be completed independently by Client.
Self-Study does not include individualized consulting, private feedback, private reviews, private calls, office hours, community access, alumni support, email consulting, direct-message consulting, or access to Katie McFarlan or Dr. Gloria Stafford unless Company expressly states otherwise in writing at the time of purchase.
Client is responsible for determining how and when to work through the Self-Study materials and for implementing any information, recommendations, tools, or processes provided.
3. Private Consulting
Private Consulting includes everything provided through Self-Study plus a three-month private consulting engagement with Katie McFarlan and Dr. Gloria Stafford.
During the Consulting Period, Private Consulting includes:
One private kickoff call with Katie McFarlan
One private positioning strategy session with Katie McFarlan and Dr. Gloria Stafford
Up to four private reviews, which may include review and feedback concerning Client’s:
services
pricing and scopes
business or client processes
design presentation materials
Ongoing private consulting through Client’s designated Private Workspace
Private responses to questions submitted through Company’s designated submission process, generally within one Company business day
Private Consulting is provided by Katie McFarlan and Dr. Gloria Stafford. Individual questions, reviews, recommendations, and submissions may be addressed by Katie, Gloria, or both depending on the subject matter and Company’s determination of the appropriate consultant.
Except where this Agreement expressly states that both Katie and Gloria will participate, Client is not entitled to a response, review, or recommendation from both Katie and Gloria on every submission.
4. Private Reviews
Private Consulting includes up to four private reviews during the Consulting Period.
Each review is intended to address a reasonably scoped submission or body of related materials. Company may require Client to separate a submission into multiple reviews if the amount or scope of material submitted would reasonably constitute more than one review.
Reviews must be requested and materials must be submitted during the Consulting Period.
Unused reviews expire at the conclusion of the Consulting Period and will be deemed used. Unused reviews have no cash value and may not be transferred, credited, carried forward, exchanged, or refunded.
Company does not provide bookkeeping, accounting, tax, legal, investment, or financial advisory services as part of a review. Company may provide general business strategy and pricing guidance and may provide Client with educational pricing calculators and related tools.
5. Consulting Period
The Consulting Period begins on the date of Client’s scheduled kickoff call, rather than the date Client purchases Private Consulting.
The Consulting Period continues for three consecutive months from that date.
Client is responsible for promptly scheduling and participating in the kickoff call using the scheduling availability provided by Company.
Unless otherwise agreed to by Company in writing, Client’s kickoff call must be scheduled to occur within thirty (30) days of Client’s purchase of Private Consulting. Failure to schedule or attend the kickoff call within that period does not entitle Client to a refund, credit, or indefinite deferral of the Consulting Services. Company may establish the start date of the Consulting Period if Client fails to timely schedule or attend the kickoff call.
Once the Consulting Period begins, it continues regardless of Client’s level of participation.
Client’s personal schedule, workload, travel, vacations, business demands, project delays, failure to submit questions, failure to submit materials for review, failure to schedule or attend calls, or failure to otherwise utilize Consulting Services will not pause or extend the Consulting Period.
Client may not pause, suspend, freeze, defer, or extend the Consulting Period.
In extraordinary circumstances, including serious illness, hospitalization, death or serious illness of an immediate family member, or another comparable emergency, Company may approve an extension in its sole discretion. Any extension must be confirmed by Company in writing.
6. Expiration of Consulting Services
All Consulting Services must be used during the Consulting Period.
At the conclusion of the Consulting Period:
access to individualized consulting ends
access to the Private Workspace for new consulting requests may end
unused calls expire
unused reviews expire
unanswered or unsubmitted questions may not be carried forward
unused Consulting Services will be deemed used
Unused Consulting Services have no cash value and are not eligible for refund, credit, transfer, substitution, or extension.
Expiration of Consulting Services does not terminate Client’s continuing access to the Self-Study curriculum and DTS Materials as provided under Section 9.
7. Reasonable Use of Private Consulting
Private Consulting is designed to provide ongoing strategic guidance, recommendations, and feedback throughout the Consulting Period.
Client may submit questions through the designated Private Workspace during the Consulting Period, subject to reasonable use.
Private Consulting is not an unlimited on-demand consulting service, an outsourced business-management service, an employee relationship, or a substitute for Client maintaining its own professional advisors or team.
Company may, in its reasonable discretion, limit, consolidate, defer, redirect, or require Client to resubmit questions or materials that:
are excessive in number or frequency
are repetitive
are outside the scope of the DTS Method or Private Consulting engagement
request information, instruction, or guidance that is already substantially addressed within the DTS Method curriculum, resources, or Client’s individualized learning path
are submitted before Client has reasonably reviewed the applicable curriculum or resources identified by Company
require substantial work beyond the scope reasonably contemplated by the engagement
require Company to perform Client’s work rather than advise Client
would materially interfere with Company’s ability to provide reasonable service to Client and other clients
Client is responsible for reviewing the curriculum, resources, and recommendations identified in Client’s individualized learning path before requesting additional consulting on those topics. Company may direct Client back to applicable DTS Method materials rather than restating or reproducing information already provided within the curriculum. Private Consulting is intended to help Client apply, interpret, and make decisions using the DTS Method, rather than to replace Client’s responsibility to complete or review the applicable educational materials.
Company may determine that a complex issue is more appropriately addressed through one of Client’s included private reviews or scheduled calls.
Reasonable-use limitations do not entitle Client to a refund, credit, extension, or additional Consulting Services.
8. Communication and Response Times
Self-Study does not include private access to Company for individualized business consulting.
Private Consulting Clients may communicate with Company for Consulting Services through the Private Workspace and other channels expressly designated by Company.
Company’s current business days are Monday through Thursday, excluding Company holidays, closures, and scheduled time away.
Company will generally respond to properly submitted Private Consulting questions within one Company business day.
Response times are estimates rather than guarantees and may be affected by holidays, Company closures, illness, emergencies, unusually complex submissions, technical issues, or other circumstances reasonably affecting Company’s ability to respond.
Client agrees not to submit consulting questions through personal email accounts, social media direct messages, text messages, or other channels not designated by Company for Consulting Services.
9. Access to DTS Materials
Clients purchasing either Self-Study or Private Consulting receive access to the DTS Method curriculum and applicable DTS Materials for the life of the DTS Method unless otherwise stated at the time of purchase.
For purposes of this Agreement, “life of the DTS Method” means the period during which Company actively offers, hosts, or maintains the DTS Method.
Company does not guarantee that the DTS Method, a particular platform, individual lesson, template, resource, recording, technology, or delivery format will remain available indefinitely.
Company reserves the right to update, modify, replace, reorganize, rename, add to, or remove DTS Materials, curriculum, resources, platforms, or delivery methods at its discretion.
Company may retire outdated materials or replace them with updated or substantially equivalent materials.
10. Fees
Client agrees to pay the purchase price presented at checkout for the enrollment option selected.
Self-Study
The current purchase price for Self-Study is $2,500, payable in full at enrollment unless Company offers another arrangement in writing.
Private Consulting
The current purchase price for Private Consulting is $7,500.
Private Consulting may be purchased:
in one payment of $7,500, or
through a three-payment plan of $2,500 per payment, if offered at checkout
The first $2,500 paid toward Private Consulting is allocated to Client’s access to the Self-Study curriculum and DTS Materials.
The remaining $5,000 of the Private Consulting purchase price is allocated to the Consulting Services.
Selection of a payment plan does not create a monthly subscription or month-to-month consulting arrangement. Client is purchasing a $7,500 Private Consulting engagement and agrees to pay the full purchase price. The payment plan merely allows Client to pay that purchase price in installments.
Client’s payment obligation is not conditioned upon Client’s participation, completion, use of Consulting Services, business results, satisfaction with implementation requirements, or continued desire to participate.
11. Failed or Missed Payments
If Client selects a payment plan, Client authorizes Company and its payment processor to charge the payment method provided according to the payment schedule presented at checkout.
If a required payment is declined, missed, disputed, reversed, or otherwise not received when due, Company may suspend or terminate Client’s Consulting Services and Private Workspace access until the account is brought current.
Failure to make subsequent Private Consulting payments does not convert the engagement into Self-Study or release Client from the obligation to pay the remaining balance of the Private Consulting purchase price.
Because the first $2,500 payment is allocated to Self-Study, Client may retain access to Self-Study materials after Consulting Services are suspended or terminated for payment default, provided the initial $2,500 payment has been fully and finally received and has not been disputed, charged back, reversed, or refunded.
Company reserves all rights and remedies available under this Agreement and applicable law to collect unpaid amounts.
12. No Refund Policy
Due to the digital nature of the DTS Method, immediate access to proprietary materials, and reservation of Company’s time and consulting capacity, all sales are final.
Company does not provide refunds or credits because of:
lack of time
lack of participation
failure to complete the DTS Method
failure to utilize Consulting Services
Client’s workload or project schedule
change in personal or business circumstances
change of mind
dissatisfaction with the amount of work or implementation required
dissatisfaction with Company’s strategic recommendations or consulting style
failure to obtain an expected financial or business result
Client’s decision to discontinue participation
Client is encouraged to review all publicly available information regarding the DTS Method and contact Company with questions before purchasing.
No performance-based refund guarantee applies to Self-Study or Private Consulting unless Company expressly offers one in writing as part of a specific promotion.
13. Additional Services
Only those materials and services expressly included in the enrollment option purchased by Client are included in the purchase price.
Additional calls, reviews, implementation work, consulting time, services, or deliverables beyond the scope of Client’s purchase are not included.
Company may offer additional services at its discretion for an additional fee.
Neither Client’s purchase of Self-Study nor Private Consulting obligates Company to provide services beyond those expressly described in this Agreement.
14. Client Responsibilities
Client acknowledges that the DTS Method and any Consulting Services are collaborative and implementation-dependent.
Client understands that Company may identify specific DTS Method lessons, resources, or implementation activities for Client to review as part of Client’s individualized learning path. Client is responsible for completing or reviewing those materials as reasonably requested in order to receive the greatest benefit from the Consulting Services.
Client is responsible for:
completing or reviewing relevant DTS Method materials
providing accurate and reasonably complete information to Company
submitting materials and questions in accordance with Company’s processes
making and implementing Client’s own business decisions
consulting Client’s own attorney, accountant, tax advisor, financial professional, insurance advisor, or other licensed professional when appropriate
determining whether recommendations are appropriate for Client’s particular business
maintaining appropriate records, contracts, systems, insurance, licenses, and professional requirements applicable to Client’s business
Company is not responsible for delays, incomplete recommendations, or reduced usefulness of Consulting Services caused by incomplete, inaccurate, late, or misleading information supplied by Client.
15. One License and Authorized Use
Client receives one individual license to access and use the DTS Method and DTS Materials.
Client may not share login credentials, course access, recordings, downloads, Private Workspace access, or DTS Materials with employees, contractors, colleagues, business partners, friends, family members, clients, or any other third party unless Company expressly grants written permission.
Enrollment does not include a team, agency, company-wide, multi-user, or transferable license.
If Company reasonably suspects unauthorized sharing, Company may suspend or terminate access, require Client to purchase additional licenses where applicable, and pursue any other remedies available under this Agreement or law.
16. Ownership and Copyright
All DTS Materials and all materials created by Company in connection with the DTS Method or Consulting Services are owned exclusively by Dakota Design Company, LLC and are protected by United States copyright law and other applicable intellectual property laws.
This includes, without limitation:
curriculum
videos and recordings
over-the-shoulder demonstrations
workbooks
templates
calculators
SOPs
written materials
frameworks
methodologies
processes
forms
examples
diagrams
emails
downloads
presentations
consulting materials
Private Workspace responses created by Company
organization, sequencing, selection, and presentation of DTS Materials
Client receives a limited, non-exclusive, non-transferable, revocable license to access and use DTS Materials only as expressly permitted by this Agreement.
No ownership rights are transferred to Client.
17. Permitted Internal Business Use
Client may use the knowledge, guidance, processes, recommendations, and permitted DTS Materials to operate and improve Client’s own interior design business.
Client may customize and use DTS Materials expressly designated for internal implementation solely within Client’s own interior design services business.
Where a DTS template is expressly designated by Company for client-facing use, Client may customize and use that template with Client’s own bona fide interior design clients in the ordinary course of providing paid interior design services.
Customization, completion, formatting, branding, or adaptation of DTS Materials does not transfer ownership of the underlying material to Client.
18. Prohibited Distribution, Education, and Marketing Use
Except where Company expressly permits otherwise in writing, Client may not copy, reproduce, publish, upload, distribute, share, sell, sublicense, give away, teach, display, modify, or otherwise make DTS Materials available to any third party.
Client may not use DTS Materials, in whole or substantial part, as:
free resources
paid resources
lead magnets
downloadable materials
templates for sale
membership content
course or program materials
consulting deliverables for other businesses
trainings
workshops
educational demonstrations
certification materials
marketing content
portfolio samples intended to demonstrate Client’s own educational materials
resources for another consultant, coach, educator, designer, company, or third party
Client may not remove Company’s copyright notices or other proprietary notices from DTS Materials except where Company expressly provides a customizable client-facing template intended for such use.
19. Prohibited Competitive Use
Client may not use Company’s proprietary DTS Materials or Confidential Information to create, market, sell, license, distribute, or deliver a product, program, template, resource library, educational offering, consulting methodology, training, workshop, course, membership, or other commercial offering that reproduces, substantially incorporates, or is derived from protected DTS Materials.
Client may not copy or substantially reproduce the unique language, written materials, templates, sequence, organization, structure, worksheets, exercises, resources, or proprietary presentation of the DTS Method for a competing commercial purpose.
Nothing in this section is intended to prevent Client from applying general business knowledge or skills learned through Client’s participation to the legitimate operation of Client’s own interior design business.
20. Prohibited Copying and Exploitation
Except as expressly permitted by this Agreement, Client may not:
copy DTS Materials
reproduce DTS Materials
create unauthorized derivative works from DTS Materials
translate or adapt DTS Materials for distribution
scrape DTS Materials
reverse engineer or systematically deconstruct DTS Materials
analyze DTS Materials for the purpose of creating competing educational or consulting products
upload DTS Materials into public repositories, shared databases, AI training datasets, public AI tools, or other systems in a manner that makes Company’s proprietary materials available to third parties
otherwise exploit DTS Materials or Company Confidential Information outside the permitted uses described in this Agreement
Unauthorized use may result in immediate termination of access and enforcement of Company’s intellectual property and contractual rights.
21. Enforcement of Intellectual Property Rights
Client acknowledges that unauthorized copying, disclosure, distribution, or competitive use of DTS Materials may cause Company substantial harm.
Company may pursue all remedies available under this Agreement and applicable law in response to unauthorized use.
If Company incurs reasonable attorneys’ fees, court costs, investigation costs, or related enforcement expenses as a direct result of Client’s material violation of Sections 15 through 20, Company may seek recovery of those amounts to the extent permitted by applicable law.
22. Client Materials and Confidentiality
Private Consulting may require Client to share nonpublic information concerning Client’s business, including services, pricing, processes, scopes, client-facing materials, positioning, business practices, and other information.
Company will use Client’s nonpublic business information for the purpose of providing the DTS Method and Consulting Services and for Company’s legitimate internal business operations.
Company will not publicly disclose Client’s confidential business materials or identify Client’s confidential information in marketing, educational materials, testimonials, case studies, or other public-facing content without Client’s permission, except where disclosure is required by law.
Client retains ownership of Client’s pre-existing business materials.
Client grants Company a limited license to access, review, store, annotate, and use materials Client submits to the extent reasonably necessary to provide the Consulting Services and administer the engagement.
23. Company Confidential Information
Client may receive nonpublic information concerning Company’s business, including proprietary materials, consulting methods, internal processes, strategies, pricing information not publicly available, future plans, business operations, trade secrets, and other confidential information (“Company Confidential Information”).
Client agrees not to disclose Company Confidential Information to third parties or use Company Confidential Information for any purpose outside Client’s authorized participation in the DTS Method and operation of Client’s own interior design business.
Confidential Information does not include information that:
is publicly available through no breach of this Agreement
Client lawfully possessed before disclosure by Company
Client lawfully receives from an independent third party not subject to a confidentiality obligation
Client independently develops without use of Company Confidential Information
24. Client Contributions, Testimonials, and Case Studies
Company may invite Client to provide feedback, reviews, testimonials, or other voluntary comments concerning Client’s experience.
Company will not treat Client’s private consulting submissions, confidential business information, or materials submitted for review as testimonials or public case-study materials merely because Client submitted them during the engagement.
If Client voluntarily provides Company with a testimonial, review, or other material for promotional use, Client grants Company permission to use that material consistent with the authorization provided by Client.
25. Bonuses and Promotions
Company may offer bonuses, promotions, additional resources, or limited-time benefits in connection with the DTS Method.
Bonuses and promotions may vary by enrollment period and are not guaranteed to be offered to all Clients.
Client is entitled only to those bonuses or promotional benefits expressly included with Client’s purchase at the time of enrollment.
Company may modify or discontinue future bonuses and promotions at its discretion.
26. Termination
Client may discontinue participation at any time, but discontinuing participation does not terminate Client’s payment obligations or create a right to a refund, credit, or cancellation of amounts owed.
Company may suspend or terminate Client’s access to the DTS Method, Private Workspace, Consulting Services, or DTS Materials if Client:
materially breaches this Agreement
violates Company’s intellectual property rights
improperly shares access or DTS Materials
fails to make required payments
engages in abusive, threatening, harassing, discriminatory, fraudulent, or unlawful conduct toward Company, its team, contractors, consultants, or other persons involved with the DTS Method
materially misuses Company’s systems or Consulting Services
A Client terminated for breach is not entitled to a refund.
Termination does not eliminate obligations that accrued before termination, including payment obligations and obligations concerning intellectual property, confidentiality, dispute resolution, and liability.
27. Service Location
The DTS Method, DTS Materials, Private Workspace, calls, reviews, Consulting Services, and related services are provided virtually unless Company expressly agrees otherwise in writing.
Client is responsible for obtaining the technology, internet access, equipment, and software reasonably necessary to participate.
28. Third-Party Platforms and Technology
Company may use third-party platforms, software, payment processors, video-conferencing services, course-hosting systems, forms, or communication tools to deliver the DTS Method and Consulting Services.
Company does not control third-party platforms and does not guarantee that any particular platform will remain available, uninterrupted, error-free, or unchanged.
Company may change platforms or delivery systems when reasonably necessary.
Client agrees to comply with applicable terms imposed by third-party platforms used to access the DTS Method.
29. Personal Information
Client may be required to provide identifying, billing, contact, business, and account information to purchase or access the DTS Method.
Client is responsible for providing accurate information, maintaining the security of Client’s account credentials, and updating information when necessary.
Company will handle personal information in accordance with applicable law and Company’s applicable privacy practices.
Providing false information, using another person’s payment information without authorization, engaging in fraud, or using Company’s services for unlawful activity may result in immediate termination.
30. Professional Disclaimer
The DTS Method and Consulting Services provide business education, operational guidance, strategic consulting, and general informational resources.
Company is not acting as Client’s attorney, accountant, tax advisor, financial advisor, investment advisor, therapist, insurance advisor, human-resources professional, or other licensed professional.
Information provided through the DTS Method or Consulting Services is not legal, accounting, tax, financial, investment, therapeutic, medical, or other licensed professional advice.
No attorney-client, accountant-client, fiduciary, employment, partnership, agency, joint venture, or other professional relationship is created by this Agreement.
Client is responsible for obtaining advice from Client’s own qualified professionals when appropriate.
31. No Guarantees
Company does not guarantee any particular business, financial, revenue, profit, sales, client, operational, professional, personal, or other result from Client’s participation in the DTS Method or use of Consulting Services.
Examples, case studies, testimonials, projections, and discussions of potential outcomes are illustrative and do not constitute promises or guarantees of Client’s results.
Client acknowledges that results depend on numerous factors outside Company’s control, including Client’s decisions, implementation, experience, market, pricing, business model, expenses, clients, team, capacity, economic conditions, and other circumstances.
Client remains solely responsible for Client’s business decisions and results.
32. Independent Judgment
Private Consulting involves professional judgment and strategic recommendations.
Client understands that reasonable professionals may disagree about strategy and that Company’s recommendations may differ from recommendations Client receives from another advisor, consultant, designer, attorney, accountant, contractor, or other professional.
Dissatisfaction with Company’s independent judgment, recommendations, communication style, or consulting approach does not constitute breach of this Agreement and does not create a right to a refund.
Client retains sole authority and responsibility for deciding whether to implement any recommendation.
33. Assumption of Risk
Client voluntarily assumes the risks associated with implementing business strategies, pricing decisions, service changes, operational processes, positioning recommendations, templates, systems, and other information provided through the DTS Method or Consulting Services.
Client acknowledges that changes to a business may have financial, operational, client-service, contractual, staffing, marketing, or other consequences.
Client is responsible for evaluating those risks and obtaining appropriate professional advice before implementation when needed.
34. Indemnification
To the extent permitted by law, Client agrees to indemnify and hold harmless Company and its owners, officers, employees, consultants, contractors, instructors, and agents from third-party claims, damages, liabilities, costs, and reasonable legal expenses arising from Client’s unlawful conduct, Client’s material breach of this Agreement, Client’s misuse of DTS Materials, or Client’s implementation of business decisions in violation of applicable law or third-party rights.
This obligation does not apply to the extent a claim results from Company’s gross negligence or willful misconduct.
35. Limitation of Liability
To the fullest extent permitted by law, Company will not be liable to Client or any third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages arising out of or relating to the DTS Method, Consulting Services, this Agreement, or Client’s business decisions.
This limitation applies regardless of whether such damages were foreseeable and regardless of the legal or equitable theory asserted.
36. Maximum Damages
To the fullest extent permitted by law, Company’s aggregate liability arising out of or relating to this Agreement, the DTS Method, or Consulting Services will not exceed the total amount actually paid by Client to Company for the enrollment option giving rise to the claim.
If a refund is expressly required or approved under this Agreement, Client’s monetary remedy will not exceed the amount paid for the applicable unprovided services.
37. Force Majeure
Neither Party will be liable for delay or failure to perform obligations under this Agreement, other than payment obligations, when the delay or failure results from circumstances reasonably beyond that Party’s control.
Such circumstances may include natural disasters, severe weather, fire, flood, epidemic, pandemic, war, terrorism, civil unrest, governmental action, labor disruption, transportation interruption, widespread technological failure, power outage, or another comparable event outside the affected Party’s reasonable control.
The affected Party will make reasonable efforts to resume performance when practicable.
38. Temporary Unavailability of Company Consultants
Private Consulting is specifically intended to include consulting from Katie McFarlan and Dr. Gloria Stafford.
If Katie McFarlan or Dr. Gloria Stafford becomes temporarily unavailable to provide a material portion of the Consulting Services because of illness, emergency, family circumstances, or another circumstance reasonably preventing performance, Company may, depending upon the circumstances:
reschedule the affected service
extend Client’s Consulting Period
modify the timing or delivery method of the affected Consulting Service
provide another reasonable accommodation
issue a prorated refund attributable solely to Consulting Services Company is unable to provide
Company will determine the appropriate remedy based on the nature and duration of the unavailability.
Temporary unavailability, rescheduling, or a reasonable extension does not automatically entitle Client to a refund of the Private Consulting engagement.
39. Inability of Company to Continue
If Company determines that it is permanently or materially unable to continue providing a substantial portion of services purchased by Client, Company may:
notify Client
provide a prorated refund or credit based on services and DTS Materials already provided and services remaining
excuse Client from future payment obligations attributable to services Company will not provide, if applicable
This provision does not require a refund for DTS Materials already delivered and retained by Client.
40. Warranty Disclaimer
Client agrees that use of the DTS Method and participation in Consulting Services are at Client’s own risk.
To the fullest extent permitted by law, the DTS Method, DTS Materials, and Consulting Services are provided on an “as is” and “as available” basis.
Company disclaims all express or implied warranties except those that cannot legally be disclaimed.
Company does not warrant that the DTS Method will meet every Client’s specific needs or that access will be uninterrupted, error-free, or free from all technical issues.
41. Spam and Misuse
Client may not use the DTS Method, Company systems, or information obtained through Company to gather contact information, solicit other participants, distribute unsolicited commercial communications, engage in unlawful spam activity, impersonate another person, or engage in fraudulent or unlawful conduct.
42. Transfer and Assignment
Client may not transfer, assign, sell, gift, or otherwise convey Client’s enrollment, license, Consulting Services, Private Workspace access, calls, reviews, or access to DTS Materials to another person or business without Company’s prior written consent.
Company may assign this Agreement as part of a merger, acquisition, sale, restructuring, or transfer of substantially all relevant Company assets or operations.
43. Entire Agreement
This Agreement, together with the specific purchase terms presented at checkout and any written addendum expressly incorporated into it, constitutes the entire agreement between the Parties concerning Client’s purchase of the DTS Method.
This Agreement supersedes prior oral or written understandings concerning the same purchase.
Any modification to this Agreement must be in writing and agreed to by Company, except that Company may update operational policies, platforms, delivery methods, and DTS Materials as permitted by this Agreement.
44. Governing Law and Venue
This Agreement is governed by and construed in accordance with the laws of the State of Illinois, without regard to conflict-of-law principles.
Subject to the arbitration provisions below, any court proceeding arising out of or relating to this Agreement will be brought in a state or federal court of competent jurisdiction located in Cook County, Illinois.
Except where this Agreement expressly provides otherwise or applicable law requires otherwise, each Party will be responsible for its own attorneys’ fees and costs.
45. Arbitration
Any dispute or disagreement arising out of or relating to this Agreement that the Parties are unable to resolve informally will be resolved by binding arbitration in accordance with the applicable procedural rules of the American Arbitration Association.
The Parties agree to be bound by the arbitrator’s decision.
Unless the Parties agree otherwise, arbitration will take place in Cook County, Illinois.
The Parties will share the arbitrator’s fees and expenses equally unless the arbitrator or applicable law requires a different allocation. Each Party will otherwise be responsible for its own costs and attorneys’ fees except where this Agreement or applicable law expressly provides otherwise.
Nothing in this section prevents Company from seeking temporary, preliminary, or other appropriate injunctive relief from a court of competent jurisdiction when reasonably necessary to prevent or stop unauthorized use, disclosure, infringement, or misuse of Company’s intellectual property or Confidential Information.
46. Severability
If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect to the maximum extent permitted by law.
If reasonably possible, an unenforceable provision will be interpreted or limited so that it most closely reflects the Parties’ original intent while remaining enforceable.
47. No Waiver
A Party’s failure or delay in enforcing any provision of this Agreement does not waive that provision or the right to enforce it later.
A waiver of one breach does not constitute a waiver of any subsequent breach.
48. Headings
Headings are included for convenience and organization only and do not alter the interpretation of this Agreement.
49. Notice
Formal notice under this Agreement may be provided by email.
Company: hello@dakotadesigncompany.com
Client: the email address Client used to purchase the DTS Method, unless Client provides Company with a replacement email address in writing.
Notice will be considered provided when sent, subject to applicable law.
50. Electronic Acceptance
Client agrees that electronic acceptance of this Agreement is legally binding.
By checking the applicable agreement box during checkout and submitting payment, Client confirms that Client has read, understands, and agrees to this Agreement.
Electronic acceptance will have the same force and effect as a physical signature.
51. Company
Dakota Design Company, LLC
Katie McFarlan
Owner
Last Updated: August 2026
