Acceptance of Terms

These Terms apply to all visitors, users, and clients of the Site and PHRP’s services. By using the Site, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity and authority to enter into a binding agreement
• If acting on behalf of a company or organization, you have the authority to bind that entity to these Terms
• Your use of the Site and our services will comply with all applicable federal, state, and local laws and regulations

These Terms supplement any separate service agreement, statement of work, or engagement letter entered into between you and PHRP. In the event of a conflict between these Terms and a signed service agreement, the signed service agreement shall control with respect to the scope of that specific engagement.

About Us

• Legal Entity: GFL Consulting LLC
• Doing Business As: Performance HR Partners
• State of Formation: New Jersey
• Business Address: P.O. Box 106, Magnolia, NJ 08049, U.S.A.
• Website: performancehrpartners.com
• Email: gabriella@performancehrpartners.com
• Phone: +1 (470) 309-9333
• Founder & Principal: Gabriella Lomas

Services Overview

Performance HR Partners provides human resources consulting, organizational performance advisory, and people operations strategy services. These include, but are not limited to:

• The Organizational Performance Assessment™ (a proprietary diagnostic tool)
• The People Risk Snapshot™ (a paid diagnostic review and written analysis)
• Foundation HR System™ engagements (project-based HR infrastructure builds)
• Fractional HR Partner™ retainer engagements (ongoing advisory partnerships)
• Scale-Ready HR Infrastructure™ engagements (comprehensive organizational transformation)
• Fractional CPO / CHRO advisory engagements
• HR compliance auditing, risk identification, and remediation planning
• Compensation architecture, benchmarking, and benefits analysis
• Manager enablement, leadership development, and training
• Employee handbook, policy development, and documentation
• Published resources, frameworks, and downloadable tools

All services are advisory in nature and subject to the terms outlined in this document and in our Consulting Disclaimer.

Website Use

Permitted Use

The Site is provided for informational and business purposes. You may access, browse, and use the Site in accordance with these Terms. You may download resources explicitly made available for download for your personal or internal business use.

Prohibited Use

You agree not to:

• Use the Site for any unlawful purpose or in violation of any applicable law or regulation
• Reproduce, duplicate, copy, sell, resell, redistribute, or exploit any portion of the Site, its content, or its design without prior written consent from PHRP
• Use automated tools, bots, scrapers, or data mining techniques to access, collect, or extract data from the Site
• Attempt to gain unauthorized access to any portion of the Site, its servers, or any systems connected to the Site
• Interfere with or disrupt the Site’s operation, security, or performance
• Upload, transmit, or distribute any viruses, malware, or other harmful code
• Impersonate PHRP, its founder, or any other person or entity
• Use any content from the Site to train, develop, or improve any artificial intelligence, machine learning model, or similar technology without explicit written permission from PHRP
• Frame, mirror, or create derivative works from the Site or its content

PHRP reserves the right to restrict or terminate access to the Site for any user who violates these Terms, without notice or liability.

Site Availability

We strive to keep the Site available and operational. However, we do not guarantee uninterrupted, secure, or error-free access. The Site may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. PHRP is not liable for any loss or damage arising from Site unavailability.

Assessment & Diagnostic Tools

The Organizational Performance Assessment™ (“OPA”) is a proprietary diagnostic tool available through the Site. By completing the OPA, you agree to the following:

• Information accuracy: You are responsible for providing accurate and complete information. PHRP relies on your responses to generate assessment results. Inaccurate or incomplete responses may produce findings that do not reflect your organization’s actual risk profile.
• Advisory purpose only: OPA results are generated using PHRP’s proprietary methodology and scoring rubric. They constitute a professional assessment of organizational risk areas and opportunities — not a legal audit, regulatory determination, or guarantee of compliance or non-compliance.
• No substitute for legal counsel: The OPA does not replace a formal legal compliance audit conducted by licensed attorneys. Clients should consult qualified employment counsel for legal determinations.
• Data usage: By completing the OPA, you consent to PHRP collecting, storing, and processing your responses and contact information for the purposes described in our Privacy Policy.
• Anonymized data: PHRP reserves the right to use anonymized, aggregated assessment data — from which no individual or organization can be identified — for research, benchmarking, content development, and marketing purposes.
• Results delivery: Assessment results, including the People Risk Snapshot™ report, are delivered electronically. PHRP is not responsible for delivery failures caused by incorrect email addresses, spam filters, or other factors outside our control.

Engagement & Payment Terms

Service Agreements

All paid consulting engagements are governed by a separate service agreement, statement of work, or engagement letter (collectively, “Service Agreement”) that specifies the scope, deliverables, timeline, fees, and terms of the engagement. These Terms apply in addition to any signed Service Agreement.

Fees & Payment

• Fees for services are as quoted in the applicable Service Agreement or as published on the Site at the time of purchase for productized offerings
• All fees are quoted and payable in U.S. dollars (USD)
• Payment is due in accordance with the terms specified in the Service Agreement. For retainer engagements, payment is typically due on the first of each month in advance of services rendered
• PHRP reserves the right to adjust fees for future engagements or renewal periods with 30 days’ written notice

Late Payment

Taxes

Fees quoted by PHRP are exclusive of applicable taxes. You are responsible for any sales tax, use tax, VAT, or other tax imposed on the services by any governmental authority, excluding taxes based on PHRP’s net income.

Refunds

Refund eligibility is governed by our Refund Policy. Project-based and retainer fees are generally non-refundable once work has commenced, except as specifically provided in the applicable Service Agreement or Refund Policy.

Intellectual Property

PHRP’s Intellectual Property

All frameworks, methodologies, tools, assessments, scoring rubrics, templates, training materials, deliverable templates, published content, website design, copy, graphics, and branding developed or published by Performance HR Partners are the exclusive proprietary intellectual property of GFL Consulting LLC dba Performance HR Partners. This includes, but is not limited to:

• The Organizational Performance Assessment™ (methodology, question bank, scoring rubric, adaptive logic, and output format)
• The People Risk Snapshot™
• All proprietary framework names: People Sprint™ OS, I2I Model™, Manager as Servant Leader™, Organizational Velocity Scorecard™, Definition of Done™, Scaling Standup™, and Retrospective Engine™
• All service tier names: Foundation HR System™, Fractional HR Partner™, and Scale-Ready HR Infrastructure™
• All website content, conceptual case study scenarios, published materials, downloadable resources, and marketing content
• The PHRP brand identity, logo, tagline (“Structure. Protect. Scale.”), and visual design system

Client Deliverables

Client-specific deliverables — including handbooks, policies, toolkits, compensation analyses, and other documents created for a specific client engagement — are licensed to the client for their internal business use upon full payment of all fees associated with the engagement. This license is:

• Non-exclusive: PHRP retains the right to use similar methodologies, approaches, and template structures for other clients
• Non-transferable: Deliverables may not be sold, sublicensed, distributed, or provided to third parties without PHRP’s prior written consent
• Conditional: The license is contingent on full payment. Unpaid deliverables remain the property of PHRP

PHRP retains ownership of the underlying methodology, frameworks, templates, and intellectual property used to create all client deliverables.

Restrictions

You may not, without PHRP’s prior written consent:

• Reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any PHRP intellectual property
• Reverse-engineer, decompile, or attempt to extract the methodology, scoring logic, or question bank of the Organizational Performance Assessment™
• Use PHRP content, frameworks, or deliverable templates to create competing services or products
• Remove, alter, or obscure any proprietary notices, trademarks, or attribution from PHRP materials
• Use any PHRP content to train, develop, or improve artificial intelligence or machine learning systems

DMCA & Infringement

If you believe any content on this Site infringes your copyright, please submit a formal DMCA notice to gabriella@performancehrpartners.com. We will investigate and respond in accordance with the Digital Millennium Copyright Act.

Confidentiality

Both parties agree to maintain the confidentiality of non-public information received from the other party during the course of an engagement (“Confidential Information”).

PHRP’s Obligations

• PHRP treats all client information — including organizational data, assessment responses, engagement details, and deliverables — as confidential
• PHRP will not disclose client identities, engagement details, or assessment results to third parties without the client’s explicit written consent, except as required by law
• Aggregated and anonymized data, from which no individual client can be identified, may be used for benchmarking, research, content development, and marketing purposes

Client’s Obligations

• Clients agree to maintain the confidentiality of PHRP’s proprietary methodologies, frameworks, assessment logic, pricing structures, and any non-public business information disclosed during the engagement
• Clients may not share, distribute, or publish PHRP’s proprietary materials to third parties without prior written consent

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

Disclaimers & Warranties

To the maximum extent permitted by applicable law, PHRP expressly disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Any warranty that the Site will be uninterrupted, secure, or error-free
• Any warranty regarding the accuracy, reliability, completeness, or timeliness of any information, content, or assessment results provided through the Site or our services
• Any warranty that our services will achieve specific results, outcomes, or objectives

No oral or written information or advice given by PHRP or its representatives shall create a warranty not expressly stated in a signed Service Agreement.

For additional disclaimers regarding the nature of our services, illustrative scenarios, and the limitations of our advisory work, please review our Consulting Disclaimer.

No Professional Licensing Representation

Performance HR Partners is a human resources consulting and organizational performance advisory firm. We are not:

• A law firm or a provider of legal advice
• A certified public accounting firm or a provider of tax or financial advice
• A licensed insurance broker or agent
• A staffing agency, employment agency, or professional employer organization (PEO)
• A payroll provider or registered agent

Our services are designed to complement the work of licensed professionals in these fields, not to replace them. Where PHRP’s work intersects with legal, tax, insurance, or regulatory matters, we strongly recommend that clients retain qualified, licensed professionals for independent verification, counsel, and decision-making.

PHRP does not make binding employment decisions (hiring, termination, discipline, or compensation changes) on behalf of any client. All final people decisions remain with the client’s authorized leadership.

Limitation of Liability

GFL Consulting LLC dba Performance HR Partners, its founder, members, officers, contractors, agents, and affiliates shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with:

• Your use of or inability to use the Site
• Any services, content, tools, assessments, or deliverables provided by PHRP
• Business decisions made based on PHRP recommendations, assessment results, or published content
• Regulatory actions, fines, penalties, audits, or legal proceedings
• Employee claims, complaints, disputes, or litigation
• Lost revenue, lost profits, lost data, or business interruption
• Actions taken or not taken based on information provided by PHRP or on this Site
• Unauthorized access to or alteration of your data or transmissions
• Any third-party conduct or content

In no event shall PHRP’s total aggregate liability for any claim or series of related claims arising from or related to our services, this Site, or these Terms exceed the lesser of: (a) the total fees actually paid by you to PHRP for the specific engagement giving rise to the claim during the twelve (12) months preceding the event, or (b) five thousand dollars ($5,000 USD).

This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, warranty, or otherwise), regardless of whether PHRP has been advised of the possibility of such damages, and regardless of whether any limited remedy fails of its essential purpose.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, PHRP’s liability shall be limited to the maximum extent permitted by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless GFL Consulting LLC dba Performance HR Partners, its founder, members, officers, contractors, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

• Your use of the Site or our services
• Your violation of these Terms or any applicable law or regulation
• Your provision of inaccurate, incomplete, or misleading information to PHRP
• Your implementation or non-implementation of PHRP recommendations
• Any employment-related claims, disputes, or proceedings involving your employees, contractors, or former employees where PHRP’s role was advisory and the final decision was made by your authorized personnel
• Any third-party claim arising from your use of PHRP deliverables, resources, or assessment results

This indemnification obligation survives the termination of any engagement or your use of the Site.

Dispute Resolution

Informal Resolution

Before initiating any formal legal proceeding, both parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or our services through good-faith negotiation. The aggrieved party shall provide written notice of the dispute to the other party, and both parties shall use commercially reasonable efforts to resolve the matter within thirty (30) days of such notice.

Mediation

If informal resolution is unsuccessful, either party may initiate non-binding mediation administered by a mutually agreed-upon mediator in the State of New Jersey. The costs of mediation shall be shared equally between the parties. Each party shall bear its own attorneys’ fees during mediation.

Binding Arbitration

If mediation is unsuccessful, any unresolved dispute shall be submitted to binding arbitration in the State of New Jersey, in accordance with the rules of the American Arbitration Association (“AAA”). The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver

Small Claims Exception

Either party may bring an individual action in small claims court in the State of New Jersey for claims within the jurisdictional limits of such court.

Termination

Website Access

PHRP may restrict, suspend, or terminate your access to the Site at any time, with or without cause, and without prior notice or liability.

Consulting Engagements

Termination of consulting engagements is governed by the applicable Service Agreement. In the absence of a signed Service Agreement:

• Either party may terminate the engagement with 30 days’ written notice
• PHRP may terminate immediately for non-payment, material breach, or conduct that poses a legal or ethical risk to PHRP
• Upon termination, the client is responsible for payment of all fees for work completed through the effective date of termination
• All client deliverables completed and paid for prior to termination will be provided to the client

Survival

The following provisions survive termination of these Terms or any engagement: Intellectual Property (Section 07), Confidentiality (Section 08), Disclaimers (Section 09), Limitation of Liability (Section 11), Indemnification (Section 12), Dispute Resolution (Section 13), and Governing Law (Section 19).

Force Majeure

PHRP shall not be liable for any failure or delay in performance of its obligations under these Terms or any Service Agreement caused by circumstances beyond its reasonable control, including but not limited to: natural disasters, epidemics or pandemics, government actions or orders, war or civil unrest, cyberattacks, internet or telecommunications failures, power outages, or labor disputes.

In the event of a force majeure, PHRP will notify the affected client promptly and use commercially reasonable efforts to resume performance as soon as practicable. If the force majeure event continues for more than sixty (60) days, either party may terminate the affected engagement without penalty.

Privacy & Data Protection

Your privacy matters. Our collection, use, storage, and sharing of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Site or engaging our services, you acknowledge that you have read and agree to the terms of our Privacy Policy, including our practices regarding:

• Collection of personal and organizational data
• Use of cookies and analytics tools
• Data retention periods
• International data transfers
• Your rights regarding your personal data (including GDPR, CCPA, and LGPD rights)

Third-Party Links & Services

The Site may contain links to third-party websites, tools, or services (including but not limited to Calendly, Google Analytics, payment processors, and email service providers). These links are provided for convenience only.

• PHRP does not control, endorse, or assume responsibility for the content, privacy practices, or terms of any third-party site or service
• Your interaction with any third-party site or service is governed by that third party’s own terms and privacy policy
• PHRP is not liable for any loss or damage arising from your use of any third-party site or service accessed through or referenced on our Site

Electronic Communications

By using the Site, completing our assessment, or engaging our services, you consent to receive electronic communications from PHRP, including:

• Assessment results and diagnostic reports
• Engagement-related correspondence (proposals, invoices, deliverables, updates)
• Responses to inquiries submitted through the Site
• Service updates or changes that affect your engagement

You agree that all communications provided electronically satisfy any legal requirement that such communications be in writing. You may withdraw consent to marketing communications at any time by contacting us at gabriella@performancehrpartners.com. Withdrawal of consent to marketing communications does not affect transactional or engagement-related communications.

Governing Law & Jurisdiction

These Terms and any dispute arising out of or related to these Terms, the Site, or our services shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict of law principles.

Subject to the dispute resolution provisions in Section 13, any legal action or proceeding that is not subject to arbitration shall be brought exclusively in the state or federal courts located in the State of New Jersey. You consent to the personal jurisdiction of such courts and waive any objection to venue.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, Consulting Disclaimer, Refund Policy, and any applicable Service Agreement, constitute the entire agreement between you and PHRP regarding the subject matter herein and supersede all prior or contemporaneous oral or written agreements, representations, or understandings.

Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, 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

The failure of PHRP to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by PHRP to be effective.

Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without PHRP’s prior written consent. PHRP may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.

Headings

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

No Third-Party Beneficiaries

These Terms are between you and PHRP. Nothing in these Terms confers any rights, remedies, or benefits upon any third party.

Changes to These Terms

PHRP reserves the right to modify these Terms at any time. The revised version will be posted on this page with an updated Effective Date. Material changes will be communicated to active clients directly. Your continued use of the Site or our services after any modification constitutes acceptance of the revised Terms.

We encourage you to review these Terms periodically for updates.