Terms of Service — Branch and Root Consulting

These are the ground rules for working with Branch and Root Consulting. We wrote them in plain English wherever the law allows — because if you can’t understand the terms, you can’t really agree to them. Where legal language is required, we’ve kept it precise but skipped the padding.

Branch and Root Consulting (“Branch & Root,” “we,” “us,” or “our”) is a sole proprietorship based in Orange County, California. These Terms of Service (“Terms”) govern your use of branchandrootconsulting.com (the “Site”) and any services we provide to you (“Services”). By using the Site, submitting an inquiry, or engaging us for work, you (“you,” “your,” or “Client”) agree to these Terms.

If you don’t agree to any part of these Terms, please don’t use the Site or engage our Services. That’s the deal.

1. Who Can Use the Services

Our Services are designed for established local service businesses operating in Orange County, California. To engage us, you must be:

At least 18 years old;
Authorized to enter into a binding agreement on behalf of your business;
Operating a lawful business in good standing.

We reserve the right to decline any engagement, at our discretion, for any lawful reason — including a determination that we’re not the right fit for your business.

2. What We Do

Branch & Root provides revenue infrastructure consulting and execution services for local service businesses, including:

Customer reactivation campaigns built from your existing customer data;
Automated lead-response systems and unified inbound communication infrastructure;
Localized paid advertising management and creative production;
Search engine optimization (SEO), answer engine optimization (AEO), and short-form content strategy;
Web property development specifically for lead capture and conversion.

The exact scope of any engagement is documented during onboarding and reflected in a written project brief or service-level summary that you’ll receive before any billable work begins.

3. Engagement & Onboarding

Every engagement begins with a free consultation. After that, if both parties want to proceed:

We send you a written summary of the proposed scope, deliverables, timeline, and fees.
You review and confirm in writing (email is sufficient).
An onboarding call is scheduled within a reasonable timeframe.
Setup work begins after the initial invoice is paid.

You’re free to walk away at any point before the initial invoice is paid — no obligation, no follow-up sequences, no hard feelings.

4. Fees, Billing & Payment

Our fees fall into two categories:

One-time setup fees: Paid upfront, before setup work begins. Setup fees are non-refundable once setup work has commenced (see Section 5).
Recurring management fees: Billed monthly in advance, beginning the day the system goes live. You authorize us to charge your provided payment method on the same calendar day each month.

Where applicable, ad spend is paid by you directly to the advertising platform (Google, Meta, etc.). We do not mark up ad spend, take a percentage of ad spend, or hold your ad accounts on our payment methods.

If a payment fails, we’ll notify you and give you five (5) business days to resolve it before pausing the Services. Repeated payment failures may result in termination of the engagement.

5. No Contracts & Cancellation

We don’t require long-term contracts. There is no annual commitment, no termination fee, and no penalty for ending the engagement at any time, for any reason.

To cancel:

Send written notice to sales@branchandrootconsulting.com.
Recurring monthly billing stops at the end of your current billing cycle. You won’t be charged again.
One-time setup fees already paid are not refunded once setup work has commenced — that work was already delivered.
We’ll provide a reasonable handoff of any account credentials, customer data exports, or active assets that belong to you.

This is what we mean by “cancel anytime, no further charges.” The system has to earn your monthly business — not a signature.

6. Your Responsibilities

To deliver results, we depend on a few things from you:

Accurate information: Customer data, business details, and any credentials you provide must be accurate and lawfully obtained.
Timely responses: When we ask for inputs, approvals, or feedback, we need a response in a reasonable timeframe. Delays on your end may delay deliverables on ours.
Lawful conduct: You’re responsible for ensuring that the marketing claims, offers, and outreach we deploy on your behalf comply with applicable law — including the Telephone Consumer Protection Act (TCPA), CAN-SPAM, state consumer protection statutes, and any industry-specific regulations applicable to your business.
Customer consent: When you provide customer or lead data for outreach, you represent that you have the necessary consent or other lawful basis to contact those individuals.
Account ownership: Domain names, ad accounts, social media accounts, and CRM data are and remain your property. We are a service provider, not an owner.

7. Intellectual Property

Your property: Customer lists, business data, brand assets, photography you provide, and any final deliverables prepared specifically for your business (ad creative, web property, content) belong to you upon full payment of related fees.

Our property: The underlying systems, automation frameworks, templates, methodologies, internal tools, and know-how that we use to deliver Services are and remain our property. You receive a license to use the outputs of these systems for the duration of your engagement; you do not receive ownership of the systems themselves.

Site content: The content of this Site — including text, graphics, the “horizon” signature mark, the Branch and Root name and logo, and the editorial design system — is owned by us and protected by applicable copyright and trademark law. You may not reproduce, distribute, or create derivative works without our prior written permission.

8. Confidentiality

Information you share with us in the course of an engagement — including customer data, business financials, competitive positioning, and operational details — is treated as confidential. We will not disclose this information to any third party except:

To service providers (such as our CRM platform) strictly as required to deliver the Services;
As required by law or valid legal process;
With your prior written consent.

We may publicly reference the fact that you are or were a client (name and category) for portfolio or marketing purposes unless you ask us in writing not to. We will not publish specific financial results, customer data, or proprietary business information without your express written approval.

9. Results & Performance

We work hard to deliver measurable results. We also believe in being honest about what we can and cannot promise.

What we don’t guarantee: Specific revenue figures, specific booking volumes, specific advertising costs per lead, specific search rankings, or any other particular outcome. The outcome of any marketing or growth system depends on factors outside of our control — including your offer, your operational capacity to handle inbound demand, market conditions, competitive activity, customer behavior, platform algorithm changes, and seasonality.

What we do commit to: Delivering the Services described in the agreed scope, applying our best professional judgment, communicating honestly about what’s working and what isn’t, and recommending adjustments when the system needs them.

Any historical performance figures, case studies, or example results referenced on this Site or during a consultation reflect outcomes for specific clients in specific situations and are not a guarantee or projection of your results.

10. Third-Party Platforms & Tools

Delivering the Services typically requires use of third-party platforms, including (but not limited to) GoHighLevel, Google (Ads, Analytics, Business Profile, Search), Meta (Facebook, Instagram), email-sending platforms, and web hosting providers.

These platforms have their own terms of service, pricing, and policies. We don’t control them. Any account suspensions, policy changes, fee changes, or platform outages caused by these third parties are outside our control, and we are not liable for them. Where reasonably possible, we will help you adapt to such changes within the scope of the engagement.

11. Warranties & Disclaimer

We perform the Services with reasonable professional care and skill consistent with industry standards for local marketing and growth consulting.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BRANCH AND ROOT CONSULTING, ITS PRINCIPALS, OR ITS CONTRACTORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, OR LOSS OF DATA — ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES, OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions don’t allow the exclusion or limitation of certain damages, so portions of the above may not apply to you. Nothing in these Terms is intended to limit any liability that cannot be excluded under applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Branch and Root Consulting, its principals, and its contractors from and against any and all third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

Your breach of these Terms;
Your violation of any applicable law or third-party right;
The accuracy, lawfulness, or consent basis of any customer data, content, or claims you provide to us for use in Services;
Any marketing, offer, or representation made by your business that is independent of our Services.

14. Communication & Electronic Records

By engaging us, you consent to receive communications from us electronically — including by email, SMS, and any messaging platforms we use to coordinate the engagement. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

15. Dispute Resolution — Binding Arbitration

Please read this section carefully. It affects your legal rights.

Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services (a “Dispute”) shall be resolved exclusively through final and binding arbitration, except as set out below.

Administrator: Arbitration shall be administered by JAMS (or, if JAMS is unavailable, by the American Arbitration Association) under its commercial arbitration rules then in effect.
Venue: Arbitration shall take place in Orange County, California, or remotely if both parties agree.
Arbitrator: A single neutral arbitrator with experience in commercial disputes shall preside.
Costs: Each party shall bear its own attorneys’ fees and costs, except as the arbitrator may award.
No class actions: All Disputes shall be brought solely in your individual capacity. You waive the right to participate as a plaintiff or class member in any class action, collective action, or representative proceeding.
No jury: Both parties waive any right to a jury trial.

Exceptions: Either party may bring an action in a court of competent jurisdiction in Orange County, California for: (i) injunctive or other equitable relief to protect intellectual property, confidential information, or to enforce a payment obligation; or (ii) any claim that falls within the jurisdiction of small-claims court.

If any portion of this Section 15 is found to be unenforceable, the remainder shall remain in effect.

16. Governing Law

These Terms and any Dispute shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. To the extent any Dispute is permitted to be brought in court rather than arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Orange County, California.

17. Modifications to These Terms

We may update these Terms from time to time to reflect changes in our Services, our business, or applicable law. When we make material changes, we will update the “Last updated” date at the top of this page and, for active clients, provide reasonable notice by email. Continued use of the Site or Services after any update constitutes acceptance of the updated Terms.

18. Severability & Entire Agreement

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its intent.

These Terms, together with our Privacy Policy and any written engagement summary or project brief we’ve sent you, constitute the entire agreement between you and Branch and Root Consulting regarding the Services and supersede any prior agreements or understandings on the same subject matter.

19. Contact

Questions about these Terms? Want to give notice under Section 5 or any other section? Reach us at:

Branch and Root Consulting
Orange County, California
sales@branchandrootconsulting.com

We respond to all legal and contractual inquiries within 5 business days.