Human Performance Consulting — guidedgrowthleadershipmodel.com
This website, guidedgrowthleadershipmodel.com (the "Site"), is owned and operated by Dr. Linda Yarick d/b/a Human Performance Consulting ("Human Performance Consulting," "we," "us," or "our"), [insert entity type and state of formation, e.g., an Ohio limited liability company].
By accessing the Site, browsing its pages, submitting the contact form, downloading the free book sample, scheduling a consultation through our booking link, requesting a SAP assessment, or requesting early access to any Assessment, you agree to be bound by these Terms of Use and by our Privacy Policy, which is incorporated here by reference.
If you do not agree with these Terms, please discontinue use of the Site.
These Terms govern your use of the Site. They do not replace, modify, or override any separate written engagement agreement, consulting proposal, statement of work, speaking contract, SAP engagement or consent form, or release of information you sign with us. Where a signed agreement and these Terms conflict, the signed agreement controls for that engagement.
The Site is intended for individuals eighteen (18) years of age or older, and for organizations acting through authorized representatives. It is directed to users located in the United States. Our consulting engagements, SAP services, and DOT compliance guidance are structured around United States federal regulation and are not designed for use outside the United States.
If you are submitting information on behalf of an employer, motor carrier, municipality, or other organization, you represent that you are authorized to do so.
The Site is an informational and marketing resource describing the work of Human Performance Consulting: organizational consulting, leadership alignment, organizational development, culture and engagement work, emotional intelligence development, workforce performance consulting, behavioral health and recovery support, SAP services for DOT compliance, keynote speaking and workshops, published books, written Insights, and the Guided Growth™ model and related assessment frameworks.
No professional relationship is created by using this Site. Reading the Site, downloading a sample chapter, submitting the contact form, or booking a discovery call does not create a consultant–client relationship, a coaching relationship, a counselor–client relationship, or a Substance Abuse Professional–employee relationship. Those relationships begin only when we have accepted an engagement in writing and, where applicable, you have signed the required consent, release, and engagement documentation.
Nothing on this Site is clinical, medical, legal, or compliance advice. Content on the Site — including the Insights articles, the SAP and Consulting pages, book excerpts, and any downloadable material — is general educational information. It is not an evaluation, diagnosis, treatment recommendation, return-to-duty determination, or legal opinion, and it must not be relied upon as a substitute for an individualized professional assessment or for the advice of qualified counsel.
Because our SAP services operate inside a federal regulatory framework, the following terms apply to anyone using the Site to inquire about, request, or engage SAP services. These terms exist to set accurate expectations — they are not fine print.
4.1 The regulatory framework governs. SAP evaluations, referrals, follow-up evaluations, follow-up testing plans, and reporting are performed in accordance with 49 CFR Part 40, Subpart O, and applicable DOT modal regulations, including FMCSA requirements at 49 CFR Part 382. Where these Terms and the federal regulations differ, the federal regulations control absolutely.
4.2 No outcome is promised. Requesting or paying for a SAP evaluation does not entitle you to any particular clinical finding, treatment recommendation, timeline, or determination of eligibility for return-to-duty testing. Fees compensate professional time, clinical judgment, documentation, and regulatory reporting — never a predetermined result. Employer-facing benefits described on the Site, such as reduced downtime or faster return-to-duty timelines, describe our operating approach and typical process efficiency; they are not guarantees applicable to any specific case.
4.3 The evaluation is not negotiable or appealable through us. Under 49 CFR §40.297, no person — not the employee, not the employer, not a union, not a third-party administrator, and not us at anyone's request — may change a SAP's evaluation or recommendation because a party disagrees with it. Recommendations may be revised only where new clinical information warrants it, in the SAP's professional judgment.
4.4 No second-opinion shopping. Under 49 CFR §40.295, once you have been evaluated by a qualified SAP, you may not seek a second SAP evaluation to obtain a different recommendation, and an employer may not rely on such a second evaluation for any purpose. Do not use the Site's contact form to request an evaluation you intend to use as a second opinion.
4.5 Mandatory reporting cannot be waived. As a SAP serving FMCSA-regulated drivers, we are required by 49 CFR §382.705(d) to report specified information to the FMCSA Drug and Alcohol Clearinghouse — including the date the initial assessment was initiated and the date of any determination of successful compliance and eligibility for return-to-duty testing — within the deadlines the regulation sets. We are also required to report truthfully and accurately. No request, agreement, or payment can suspend, delay, or alter these obligations.
4.6 Referral limits. Consistent with 49 CFR §40.299(b), we do not refer employees requiring education or treatment to our own private practice or to any person or organization from which we receive payment or in which we hold a financial interest, except as the regulation expressly permits. Referrals are made on clinical grounds only.
4.7 Jurisdictional limits of credentials. SAP evaluations are performed only within the geographic jurisdiction in which the relevant credential is valid, as required by 49 CFR Part 40. Where an inquiry falls outside that jurisdiction, we will say so and, where appropriate, direct you to the DOT's public resources.
4.8 We do not administer testing. We are not a collection site, laboratory, Medical Review Officer, breath alcohol technician, or consortium/third-party administrator. We do not conduct return-to-duty or follow-up tests; we recommend and document them.
4.9 The Clearinghouse link. The Site links to clearinghouse.fmcsa.dot.gov as a convenience. That system is operated by the Federal Motor Carrier Safety Administration, not by us. Your registration, queries, consents, and designations within the Clearinghouse are your responsibility, and we do not control that system's availability or content.
The contact form, email, and scheduling links are unencrypted, general-purpose business channels. Please do not submit test results, violation details, medical or substance use history, treatment records, diagnoses, Social Security numbers, CDL numbers, or other sensitive personal information through the Site or by ordinary email.
Tell us only that you need SAP services and how to reach you. Clinical intake occurs through the secure, consented process we provide after contact. Information you volunteer through the Site is submitted at your own risk, and we cannot guarantee the security of information in transit over the public internet.
Our scheduling link is provided through a third-party booking platform (Calendly). Booking a slot reflects an intent to speak; it does not constitute acceptance of an engagement, and we may decline or reschedule any inquiry — including where a matter falls outside our scope, credential jurisdiction, or availability, or where a conflict of interest exists. The "within one business day" response commitment on the Site is a service goal, not a contractual term, and it does not apply to urgent or emergency situations.
If you are experiencing a medical or psychiatric emergency, or thoughts of harming yourself, do not use this Site. Call 911 or contact the 988 Suicide & Crisis Lifeline.
The Organizational Excellence, Organizational Effectiveness, Organizational Intelligence, Organizational Health, Strategic Direction, Leadership Capability, Organizational Communication, Psychological Safety, Organizational Culture, Systems Thinking, Operational Excellence, Employee Experience, Organizational Resilience, and Organizational Outcomes Assessments™ are described on the Site as in development and validation.
Requesting early access or pilot participation does not create an entitlement to access, a licence, a purchase, or a launch date. Instruments made available in a pilot are provided on a pre-release basis for evaluation purposes, may change materially, and may be withdrawn. Pilot participation, data handling, permitted uses, publication rights, and any feedback licence will be governed by a separate written pilot agreement. Assessment results, where provided, are organizational diagnostic aids interpreted in context — they are not employment tests, selection instruments, clinical measures, or fitness-for-duty determinations, and must not be used to make hiring, promotion, discipline, or termination decisions absent a separate engagement in which such use is expressly validated and agreed.
Books authored by Dr. Yarick are sold through third-party retailers, including Amazon. Purchases, pricing, fulfilment, returns, and refunds are governed by the retailer's terms, not ours.
The free sample chapter offered on the Site is provided for personal, non-commercial reading only. You may not reproduce, redistribute, post, resell, or incorporate it into training materials, course packs, or derivative works. Books, workbooks, and recovery-oriented materials are educational resources; they are not therapy, treatment, a substitute for professional care, or a component of any DOT return-to-duty requirement unless a SAP has specifically prescribed a program in writing.
Keynote topics, workshop formats, supervisor reasonable suspicion training, and employee education described on the Site are illustrative. Availability, scope, deliverables, fees, travel, recording rights, and cancellation terms are established only in a signed speaking or training agreement. Nothing on the Site constitutes an offer or a reservation of a date.
You agree not to:
We may suspend or terminate access, remove content, and decline future engagement for any violation of this section.
The Site links to third-party resources including Amazon, Calendly, LinkedIn, and the FMCSA Drug and Alcohol Clearinghouse. These are provided for convenience. We do not control, endorse, or assume responsibility for third-party content, availability, security, pricing, or privacy practices. Your use of those services is governed by their terms.
Client statements appearing on the Site reflect individual experiences, are used with permission, and are presented in de-identified or role-level form. They are not representative of every engagement and are not a guarantee, warranty, or prediction of results. Organizational outcomes depend on factors outside our control, including leadership commitment, resourcing, market conditions, and follow-through.
All Site content and the underlying frameworks are protected. Your rights and permitted uses are set out in our Intellectual Property Notice and Copyright Notice, which are incorporated into these Terms by reference.
The Site and its content are provided "as is" and "as available," without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, and uninterrupted availability.
Regulatory citations and compliance descriptions on the Site reflect our understanding as of the date published. Federal regulations change. You are responsible for confirming current requirements with the DOT, FMCSA, or qualified counsel. Our full Disclaimer applies in addition to this section.
To the fullest extent permitted by law, Human Performance Consulting, Dr. Linda Yarick, and any associated personnel or contractors will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, lost business opportunity, employment consequences, disqualification from safety-sensitive duty, regulatory penalties, downtime, or data loss, arising from or related to your use of the Site or reliance on its content — even if advised of the possibility of such damages.
To the fullest extent permitted by law, our total aggregate liability arising from your use of the Site will not exceed [insert amount, e.g., one hundred U.S. dollars (USD $100)]. Liability arising from a paid engagement is governed exclusively by the applicable signed agreement.
Nothing in these Terms limits liability that cannot lawfully be limited, including liability for fraud or willful misconduct.
You agree to indemnify and hold harmless Human Performance Consulting and Dr. Linda Yarick from any claim, loss, liability, or expense (including reasonable attorneys' fees) arising from your misuse of the Site, your violation of these Terms, your submission of false or unauthorized information, or your unauthorized use of protected content or marks.
Our collection and handling of information submitted through the Site — and the specific, stricter rules that apply to SAP-related information under 49 CFR Part 40, Subpart P — are described in our Privacy Policy.
We may modify, suspend, or discontinue any part of the Site at any time, including pages describing services still in development. We may revise these Terms; the "Last Updated" date will change accordingly, and continued use after posting constitutes acceptance. Material changes affecting active engagements will be communicated directly.
These Terms are governed by the laws of the State of [Ohio], without regard to conflict-of-law principles. Any dispute arising from your use of the Site will be brought exclusively in the state or federal courts located in [insert county, e.g., Lucas County, Ohio], and you consent to that jurisdiction and venue. [Optional: substitute a binding-arbitration and class-action-waiver clause here if preferred — this should be a deliberate decision made with counsel, not a default.]
Nothing in this section limits the authority of the U.S. Department of Transportation, FMCSA, or any state licensing board with jurisdiction over the services described on this Site.
If any provision is found unenforceable, the remainder stays in force. Our failure to enforce a provision is not a waiver. These Terms, together with the Privacy Policy, Intellectual Property Notice, Copyright Notice, and Disclaimer, constitute the entire agreement regarding your use of the Site.