Terms & Conditions

Last Updated: January 20, 2026

Effective Date: January 20, 2026

Welcome to Fernwick. These Terms and Conditions govern your use of our website and your engagement of our consulting services. By accessing our website or engaging our services, you agree to be bound by these terms.

Please read these terms carefully before using our services. If you do not agree with any part of these terms, please do not use our website or services.

1. Definitions

  • "We," "Us," "Our," "Fernwick" refers to Fernwick, the business consulting firm operating from Calgary, Alberta, Canada.
  • "You," "Your," "Client" refers to the individual or organization accessing our website or engaging our consulting services.
  • "Services" refers to the business consulting services we provide, including Sustainable Business Assessment, Long-Term Planning Partnership, and Values-Based Business Advisory.
  • "Website" refers to our online presence accessible through the domain where these terms are posted.
  • "Agreement" refers to these Terms and Conditions together with any additional terms applicable to specific services.

2. Acceptance of Terms

By accessing or using our website, or by engaging our consulting services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy.

You represent that you are at least 18 years of age and have the legal capacity to enter into binding agreements. If you are accepting these terms on behalf of an organization, you represent that you have the authority to bind that organization to these terms.

We reserve the right to modify these Terms and Conditions at any time. Your continued use of our website or services after changes are posted constitutes acceptance of the modified terms.

3. Description of Services

Fernwick provides professional business consulting services focused on sustainability, long-term planning, and values alignment. Our services include:

  • Sustainable Business Assessment: Evaluation of organizational practices through a sustainability lens, with recommendations for improvement.
  • Long-Term Planning Partnership: Collaborative engagement to develop strategic plans accounting for extended time horizons and multiple possible futures.
  • Values-Based Business Advisory: Guidance for organizations seeking to align operations with core values and principles.

Services are provided through a combination of document review, stakeholder interviews, facilitated workshops, analysis, and written deliverables as specified in individual engagement agreements.

The specific scope, timeline, deliverables, and fees for each engagement are outlined in a separate consulting agreement or proposal that supplements these general terms.

4. Engagement Process

4.1 Initial Consultation

All engagements begin with an initial consultation to discuss your needs, clarify objectives, and determine if our services are appropriate for your situation. This consultation does not create a binding obligation for either party.

4.2 Engagement Agreement

If we mutually agree to proceed, we will provide a written proposal or engagement letter outlining the specific scope of work, timeline, deliverables, fees, and terms applicable to that engagement. Services commence only after both parties have signed the engagement agreement.

4.3 Client Responsibilities

Clients are responsible for:

  • Providing accurate and complete information relevant to the engagement
  • Making key personnel available for interviews and workshops as scheduled
  • Providing timely access to necessary documents and data
  • Responding to requests for clarification or additional information
  • Reviewing draft deliverables and providing feedback within agreed timeframes

5. Fees and Payment

5.1 Service Fees

Fees for our services are specified in individual engagement agreements. Standard service fees are:

  • Sustainable Business Assessment: CAD $465
  • Long-Term Planning Partnership: CAD $1,245
  • Values-Based Business Advisory: CAD $1,675

All fees are in Canadian dollars and exclude applicable taxes, which will be added as required by law.

5.2 Payment Terms

Payment terms are specified in engagement agreements and typically require:

  • A deposit or initial payment upon signing the engagement agreement
  • Progress payments at specified milestones for longer engagements
  • Final payment upon completion of deliverables

Payment is due within 30 days of invoice date unless otherwise specified. Late payments may incur interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.

5.3 Refund Policy

Deposits and payments are generally non-refundable once work has commenced. However, we will consider refund requests on a case-by-case basis if services have not been delivered as agreed. Any refund will be prorated based on work completed.

6. Intellectual Property

6.1 Our Intellectual Property

All content on our website, including text, graphics, logos, images, and software, is owned by or licensed to Fernwick and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

Our consulting methodologies, frameworks, tools, and templates are our proprietary intellectual property. You may not copy, modify, distribute, or create derivative works based on this content without our express written permission.

6.2 Client Ownership

Upon full payment of fees, you own the specific deliverables created for your engagement, such as assessment reports, strategic plans, and recommendations. However, we retain intellectual property rights in our underlying methodologies, frameworks, and tools used to create those deliverables.

You may use our deliverables for your internal business purposes but may not resell, distribute, or publicly share them without our written consent.

6.3 Client Information

You retain all rights to information and materials you provide to us. We may use such information solely for purposes of providing services to you and will maintain confidentiality as specified in our Privacy Policy and engagement agreements.

7. Confidentiality

We treat all client information as confidential and will not disclose such information to third parties without your express consent, except as required by law or professional obligations.

We maintain strict confidentiality protocols including secure information storage, access controls, and confidentiality agreements with any contractors or service providers who may access client information.

Similarly, you agree to treat as confidential any proprietary methodologies, frameworks, or other non-public information we share during our engagement.

8. Disclaimers

8.1 Professional Advice

Our consulting services provide guidance and recommendations based on our professional expertise and analysis. However, our services do not constitute legal, accounting, financial, or other professional advice for which a license is required. You should consult appropriate licensed professionals for such advice.

8.2 No Guarantees

While we strive to provide high-quality consulting services, we cannot guarantee specific results or outcomes from implementing our recommendations. Business success depends on numerous factors beyond our control, including market conditions, execution quality, and organizational circumstances.

Our recommendations are based on information available at the time of the engagement and may need adjustment as circumstances change.

8.3 Website Availability

Our website is provided "as is" without warranties of any kind. We do not guarantee that the website will be available at all times, error-free, or secure from unauthorized access. We reserve the right to modify or discontinue the website at any time without notice.

9. Limitation of Liability

To the fullest extent permitted by Canadian law:

  • Our total liability for any claims arising from our services shall not exceed the fees paid by you for the specific engagement giving rise to the claim.
  • We shall not be liable for any indirect, incidental, consequential, or special damages, including lost profits, lost revenue, or lost business opportunities.
  • These limitations apply regardless of the legal theory underlying the claim, whether in contract, tort, or otherwise.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.

Nothing in these terms limits our liability for death or personal injury caused by negligence, fraud, or other liability that cannot be excluded by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Fernwick and its employees, contractors, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from your use of our services, your breach of these terms, or your violation of any rights of another party.

11. Termination

11.1 Termination by Either Party

Either party may terminate an engagement upon written notice if:

  • The other party materially breaches these terms and fails to cure within 15 days of written notice
  • The other party becomes insolvent or enters bankruptcy proceedings
  • Circumstances arise that make completion of the engagement impractical or impossible

11.2 Effects of Termination

Upon termination:

  • You shall pay for all services performed and expenses incurred up to the termination date
  • We shall deliver any work product completed to that point, subject to payment
  • Both parties shall return or destroy confidential information as appropriate
  • Provisions regarding confidentiality, intellectual property, limitation of liability, and dispute resolution shall survive termination

12. Dispute Resolution

12.1 Informal Resolution

In the event of any dispute arising from these terms or our services, the parties agree to first attempt to resolve the matter through good faith negotiation. Either party may initiate this process by providing written notice of the dispute to the other party.

12.2 Mediation

If informal negotiation does not resolve the dispute within 30 days, the parties agree to attempt mediation before pursuing litigation. The parties shall mutually select a mediator and share mediation costs equally.

12.3 Governing Law and Jurisdiction

These terms shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any legal action arising from these terms shall be brought exclusively in the courts of Alberta, and you consent to the personal jurisdiction of such courts.

13. General Provisions

13.1 Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any signed engagement agreement, constitute the entire agreement between you and Fernwick regarding use of our website and services.

13.2 Severability

If any provision of these terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

13.3 Waiver

Our failure to enforce any provision of these terms shall not constitute a waiver of that provision or our right to enforce it in the future.

13.4 Assignment

You may not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign these terms without restriction.

13.5 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, war,, labor disputes, governmental actions, or technical failures.

14. Changes to Terms

We reserve the right to modify these Terms and Conditions at any time. We will notify you of material changes by:

  • Posting the updated terms on our website with a new "Last Updated" date
  • Sending email notification to active clients and newsletter subscribers

Changes will take effect 30 days after posting unless otherwise specified. Your continued use of our website or services after this period constitutes acceptance of the modified terms.

15. Contact Information

If you have questions about these Terms and Conditions, please contact us:

Fernwick

505 3rd Street SW, Suite 1200

Calgary, AB T2P 3E6

Canada

Email: [email protected]

Phone: +1 (403) 718-5294

By using our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.