Operational Readiness Assessment Terms
Effective Date: October 4, 2026
Last Updated: October 4, 2026
These Operational Readiness Assessment Terms ("Assessment Terms") govern the purchase and delivery of the Holivay & Co. Operational Readiness Assessment ("Assessment").
The Assessment is provided by Holivay & Co. LLC, a Texas limited liability company ("Holivay & Co.," "we," "us," or "our").
By purchasing the Assessment, you ("Client," "you," or "your") acknowledge that you have read, understood, and agree to these Assessment Terms.
1. The Assessment
The Operational Readiness Assessment is a structured diagnostic designed to identify operational friction, underlying root causes, business implications, and areas requiring attention within a founder led business.
The Assessment evaluates operational conditions across five dimensions:
• Decision Making
• Ownership
• Process
• Communication
• Capacity
The Assessment is intended to provide greater clarity regarding how the Client's business currently operates and which operational issues may warrant priority attention.
2. What Is Included
The $1,200 Operational Readiness Assessment includes:
• Operational Discovery
• Operational Intelligence Analysis
• Comprehensive Findings Report
• Root Cause Analysis
• Prioritized Recommendations
• One private Operational Readiness Findings Review with Fadeelah Holivay
The Findings Review is the single scheduled advisory session included with the Assessment unless otherwise agreed in writing.
Implementation, ongoing consulting, coaching, project management, documentation development, organizational redesign, hiring support, technology implementation, or other services are not included in the Assessment.
If additional support is appropriate, Holivay & Co. may separately discuss available services with the Client. The Client is under no obligation to purchase additional services.
3. Assessment Fee and Payment
The fee for the Operational Readiness Assessment is $1,200 USD.
Payment is due in full at the time of booking unless Holivay & Co. agrees otherwise in writing.
The Assessment is not considered reserved until payment has been successfully completed.
Payments may be processed through a third party payment provider. The Client may also be subject to the applicable terms and privacy practices of that provider.
4. Operational Discovery
After booking, the Client will receive instructions for completing the Holivay & Co. Operational Discovery.
The Operational Discovery is a required component of the Assessment.
The Client agrees to provide information that is accurate and complete to the best of their knowledge.
Holivay & Co.'s analysis and recommendations are based substantially on information provided by the Client. Incomplete, inaccurate, misleading, or outdated information may affect the accuracy or usefulness of the Assessment.
The Client is responsible for ensuring that they have the authority to provide any business information submitted to Holivay & Co.
5. Discovery Deadline
The Client must complete the Operational Discovery by the deadline stated in the booking confirmation or related instructions.
This deadline exists so Holivay & Co. has sufficient time to review the Client's information, conduct the analysis, and prepare the Findings Report before the scheduled Findings Review.
If the Operational Discovery is not completed by the required deadline, Holivay & Co. may require the Findings Review to be rescheduled.
Repeated failure to complete required information may result in cancellation of the Assessment without refund once substantive work has begun.
6. Findings Review
The Assessment includes one private Findings Review.
During this session, Holivay & Co. will walk the Client through the Assessment findings, explain identified operational friction and root causes, discuss prioritized recommendations, and answer reasonable questions relating to the report.
The Findings Review is not an implementation session and does not include additional analysis or deliverables beyond the agreed Assessment scope.
Any additional consulting or implementation support requires a separate agreement.
7. Scheduling and Rescheduling
Clients may request to reschedule their Findings Review subject to availability.
We ask that rescheduling requests be submitted at least 24 hours before the scheduled appointment.
Requests made with less than 24 hours' notice, repeated rescheduling, or failure to attend a scheduled Findings Review may result in forfeiture of the session or an additional rescheduling fee at Holivay & Co.'s discretion.
If Holivay & Co. needs to reschedule a Findings Review, the Client will be offered another available appointment without additional charge.
8. Cancellation and Refund Policy
Because the Operational Readiness Assessment involves customized analysis and preparation performed specifically for the Client, refund eligibility depends on whether substantive work has begun.
Before the Operational Discovery Is Submitted
A Client may request cancellation before submitting the Operational Discovery.
If Holivay & Co. has not begun substantive analysis or preparation, the Client may be eligible for a refund of the Assessment fee, less any nonrefundable payment processing fees, if applicable.
After the Operational Discovery Is Submitted or Analysis Has Begun
Once the Client submits the Operational Discovery or Holivay & Co. begins substantive analysis, whichever occurs first, the Assessment becomes nonrefundable.
This is because Holivay & Co. begins individualized professional analysis and preparation based on the Client's business information.
After the Findings Report Is Prepared or Delivered
No refund will be provided after the customized Findings Report has been substantially prepared or delivered.
Failure to attend the Findings Review does not entitle the Client to a refund for work already performed.
Nothing in this section limits any rights that cannot legally be waived under applicable law.
9. Confidentiality
Holivay & Co. recognizes that the Assessment may involve nonpublic information about the Client's business.
Holivay & Co. will use Client information for purposes reasonably related to performing the Assessment, providing requested services, maintaining appropriate business records, improving internal service delivery, complying with legal obligations, and as otherwise described in our Privacy Policy.
Holivay & Co. will not intentionally publish or publicly identify the Client's confidential business information without authorization, except where disclosure is required by law.
The Client should not provide information that is subject to third party confidentiality restrictions unless the Client is authorized to disclose that information.
Nothing in these Assessment Terms creates attorney client, accountant client, fiduciary, or other legally privileged relationship.
10. Technology Assisted Analysis
Holivay & Co. may use proprietary software, automation, artificial intelligence, and other technology assisted tools as part of the Assessment process.
These tools may assist with organizing information, analyzing operational conditions, identifying patterns, supporting diagnostic analysis, and preparing portions of Assessment materials.
The Assessment is not intended to consist solely of automated output. Holivay & Co. applies its methodology and professional judgment in reviewing and communicating Assessment findings.
Information processed through third party technology providers may also be subject to applicable provider terms, privacy protections, and contractual arrangements.
Additional information about our handling of information is available in the Holivay & Co. Privacy Policy.
11. Client Report and Intellectual Property
Upon completion of the Assessment, the Client may retain and use the Client specific Findings Report for the Client's own internal business purposes.
The Client's purchase of the Assessment does not transfer ownership of Holivay & Co.'s underlying intellectual property.
Holivay & Co. retains all rights, title, and interest in its:
• Operational Intelligence methodology
• Operational Readiness framework
• Diagnostic models and structures
• Assessment architecture
• Analytical processes
• Questionnaires and assessment instruments
• Templates
• Software
• Systems
• Frameworks
• Training materials
• General methodologies and know how
The Client may not reproduce, sell, license, distribute, commercialize, reverse engineer, or use Holivay & Co.'s proprietary methodology or materials to create or provide a competing assessment, methodology, service, product, or diagnostic tool without prior written permission.
The Client may share its final Client specific Findings Report with its own professional advisers, leadership team, financing partners, transaction advisers, or other parties involved in the Client's business, provided the report is not commercially reproduced or represented as the work of another party.
12. Nature of Recommendations
The Operational Readiness Assessment provides strategic and operational analysis based on information available at the time of the Assessment.
Recommendations represent Holivay & Co.'s professional assessment of areas that may warrant attention based on the information provided and the scope of the engagement.
The Client retains sole responsibility for deciding whether, when, and how to implement any recommendation.
Holivay & Co. does not control the Client's business decisions, employees, contractors, systems, financial condition, market conditions, or implementation of recommendations.
13. No Guarantee of Results
Holivay & Co. does not guarantee that the Assessment or implementation of any recommendation will produce a particular business outcome.
No guarantee is made regarding:
• Revenue or profitability
• Growth
• Cost savings
• Employee performance
• Hiring outcomes
• Business valuation
• Financing
• Investment
• Sale or acquisition of a business
• Transaction readiness
• Buyer interest
• Exit outcomes
• Operational performance
• Any other specific business result
Business outcomes depend on numerous factors outside Holivay & Co.'s control.
14. Not Legal, Tax, Accounting, Investment, Valuation, or Transaction Advice
The Operational Readiness Assessment is an operational diagnostic and advisory service.
It is not legal, tax, accounting, audit, investment, securities, valuation, lending, brokerage, or M&A advisory work.
Holivay & Co. does not determine whether a business is financially or transactionally ready for sale, financing, investment, acquisition, or another transaction through this Assessment.
Clients should consult qualified professionals regarding legal, tax, accounting, financial, valuation, investment, or transaction matters.
15. Third Party Referrals
A Client may learn about Holivay & Co. through a business broker, attorney, accountant, banker, consultant, founder organization, advisor, or other referral source.
Unless expressly agreed otherwise in writing, the referring party:
• Is not responsible for providing the Assessment
• Does not control Holivay & Co.'s findings or recommendations
• Is not responsible for the outcome of the Assessment
• Does not become a party to the Client's relationship with Holivay & Co.
Holivay & Co.'s Assessment is independent from services provided by the referring party.
The Client is responsible for deciding whether and when to share Assessment findings with a referring party.
16. Limitation of Liability
To the fullest extent permitted by applicable law, Holivay & Co.'s total liability arising from or related to the Operational Readiness Assessment will not exceed the amount actually paid by the Client to Holivay & Co. for the Assessment giving rise to the claim.
To the fullest extent permitted by law, Holivay & Co. will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost opportunities, loss of goodwill, or business interruption arising from or related to the Assessment or the Client's implementation or nonimplementation of recommendations.
Nothing in these Assessment Terms excludes liability that cannot legally be excluded or limited.
17. Governing Law
These Assessment Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.
Any dispute relating to the Assessment will be subject to applicable state and federal laws and jurisdictional requirements unless the parties agree otherwise in writing.
18. Relationship to Other Holivay & Co. Terms
These Assessment Terms apply specifically to the Operational Readiness Assessment.
The Client's use of the Holivay & Co. website is also subject to our Terms of Use and Privacy Policy.
If the Client later engages Holivay & Co. for implementation, consulting, advisory, or other services, those services may be governed by a separate agreement.
In the event of a conflict concerning the Operational Readiness Assessment, these Assessment Terms will control over the general Website Terms of Use.
19. Acceptance
By purchasing the Operational Readiness Assessment, the Client acknowledges that they have reviewed and agree to these Assessment Terms.
Electronic acceptance, including acceptance through an online booking, checkout, or payment process, may constitute acceptance of these terms to the extent permitted by applicable law.
20. Contact
Questions regarding the Operational Readiness Assessment or these Assessment Terms may be directed to:
Holivay & Co. LLC
Dallas, Texas
Email: hello@holivayandco.com
Website: holivayandco.com
