Dr. Linda YarickHuman Performance Consulting
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Disclaimer

Human Performance Consulting — guidedgrowthleadershipmodel.com

Effective Date: [Insert Date] Last Updated: [Insert Date]

Contents

  1. General Nature of This Website
  2. No Professional Relationship Is Created
  3. Not Clinical, Medical, or Psychological Care
  4. If You Are in Crisis
  5. Not Legal, Regulatory, or Compliance Advice
  6. SAP Services — Specific Limitations
  7. Books, Workbooks, and Recovery Materials
  8. Assessments and Instruments in Development
  9. Consulting Outcomes and Testimonials
  10. Insights Articles and Commentary
  11. Accuracy, Completeness, and Availability
  12. Third-Party Links and Resources
  13. No Warranties
  14. Limitation of Liability
  15. Your Responsibility
  16. Changes to This Disclaimer
  17. Contact

01 General Nature of This Website

This website is published by Human Performance Consulting, operated by Dr. Linda Yarick, for general informational and educational purposes. It describes services offered, frameworks used, and perspectives developed over three decades of practice.

Nothing on this Site constitutes professional advice of any kind — clinical, medical, psychological, counseling, legal, regulatory, compliance, financial, or employment advice — and nothing on it should be relied upon as a substitute for an individualized professional consultation.

This Disclaimer applies to every page of the Site, every Insights article, every downloadable resource, every book excerpt, and every description of services, whether or not it is repeated on the page you are reading.

02 No Professional Relationship Is Created

Reading this Site, downloading the sample chapter, submitting the contact form, booking a discovery call, or corresponding with us does not create a consultant–client relationship, a coaching relationship, a counselor–client or clinical 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 completed the required intake, consent, and release documentation.

Information you send us before an engagement exists is not protected by any professional confidentiality privilege that would otherwise attach, and we are under no obligation to act on it.

03 Not Clinical, Medical, or Psychological Care

Dr. Yarick's work includes behavioral health and recovery-informed consulting and, in the SAP context, clinical evaluation performed under federal regulation. None of that is available through this website.

The Site does not diagnose, treat, or prescribe. It does not provide therapy, counseling, psychiatric care, addiction treatment, medication guidance, or crisis intervention. It cannot assess your situation, because it does not know your situation.

Scope of credentials. Dr. Yarick practices as a qualified Substance Abuse Professional under 49 CFR Part 40, holds ICADC credentialing, and applies industrial-organizational psychology in an organizational consulting capacity. Organizational consulting, leadership coaching, and emotional intelligence development are not the practice of clinical or counseling psychology, psychotherapy, or medicine, and are not offered as such. Where a matter requires licensed clinical care, we will refer you rather than attempt to serve it. Services are provided only within the jurisdictions in which the applicable credentials are valid.

If you need care, please seek a licensed clinician in your state.

04 If You Are in Crisis

Some visitors arrive here at a difficult moment — after a positive test, a job suspension, or a personal setback. Please read this.

This website is not an emergency service and cannot respond to urgent situations. We do not monitor the contact form, email, or scheduling system outside business hours, and a submitted form is not a request for help that anyone will see immediately.

If you are experiencing a medical or psychiatric emergency, or thinking about harming yourself:

  • Call 911 for immediate emergency assistance
  • Call or text 988 — the Suicide & Crisis Lifeline, available 24/7 in the United States
  • Call 1-800-662-HELP (4357) — the SAMHSA National Helpline, free, confidential, 24/7, for substance use and mental health treatment referral
  • Go to your nearest emergency department

Please contact one of these resources rather than waiting for a reply from us.

05 Not Legal, Regulatory, or Compliance Advice

We are not a law firm, and Dr. Yarick is not an attorney. Nothing on this Site — including the SAP page, the compliance notes, the Insights articles, or any description of 49 CFR Part 40, FMCSA requirements, or the Drug and Alcohol Clearinghouse — is legal advice or a legal opinion.

Regulations change. Statements about federal requirements reflect our understanding as of the date of publication. Amendments, interpretive guidance, enforcement positions, and modal-specific rules evolve. We do not undertake to update Site content as regulations change, and content that was accurate when written may not be accurate when you read it.

You are responsible for verifying current requirements with the U.S. Department of Transportation, the relevant DOT modal agency, FMCSA, or qualified legal counsel before making any compliance decision.

Employer obligations remain the employer's. Engaging us does not transfer, delegate, or discharge any obligation imposed on an employer by DOT regulation — including policy maintenance, testing programs, supervisor training, Clearinghouse queries and reporting, record retention, and removal of employees from safety-sensitive functions. We advise; the employer remains the regulated party and bears responsibility for its own compliance and any resulting liability.

06 SAP Services — Specific Limitations

The following limitations apply to anyone considering or engaged in SAP services. They are stated plainly because misunderstanding them causes real harm.

6.1 No outcome is guaranteed. Fees compensate professional time, clinical judgment, documentation, and required regulatory reporting. They do not purchase a favorable finding, a minimal treatment recommendation, a shortened program, a specific timeline, reinstatement, or a return to safety-sensitive duty. A SAP evaluation may result in recommendations you did not anticipate and did not want.

6.2 We do not control your timeline. Return-to-duty duration depends on clinical findings, the availability and pace of education or treatment providers, your engagement with the recommended program, employer decisions, testing logistics, and Clearinghouse processing. Efficiency benefits described elsewhere on the Site reflect our operating approach, not a promise applicable to your case.

6.3 The evaluation cannot be changed on request. Under 49 CFR §40.297, no one may alter 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.

6.4 There is no second opinion. Under 49 CFR §40.295, an employee may not seek a second SAP evaluation to obtain a different recommendation, and an employer may not rely on one for any purpose.

6.5 Reporting is mandatory and irreversible through us. For CDL drivers, we are required by 49 CFR §382.705(d) to report specified information to the FMCSA Clearinghouse within federally set deadlines. Once reported, that information is held in a federal system we neither control nor can amend. Corrections must be pursued through FMCSA's own procedures.

6.6 We do not conduct testing. We are not a collection site, laboratory, Medical Review Officer, breath alcohol technician, or consortium/third-party administrator. We do not perform, schedule, or verify return-to-duty or follow-up tests.

6.7 We do not determine your employment. Whether you are reinstated, retained, or hired is an employer decision governed by employer policy, collective bargaining agreements, and applicable law. A determination of eligibility for return-to-duty testing is not a job.

6.8 We are not affiliated with any federal agency. Human Performance Consulting is an independent private practice. Nothing on this Site implies endorsement, sponsorship, certification, approval, or affiliation by the U.S. Department of Transportation, FMCSA, or any government body. References to federal regulations and links to federal systems are provided for information only.

07 Books, Workbooks, and Recovery Materials

Books authored by Dr. Yarick, including Guided Growth: Emotional Recovery Workbook, are educational and reflective resources — not treatment.

They do not constitute therapy, counseling, a treatment program, a clinical intervention, or medical advice. Reading a book, completing its exercises, or applying its frameworks is not a substitute for professional care, and does not satisfy, substitute for, shorten, or count toward any education or treatment requirement recommended by a SAP or required under any DOT return-to-duty plan. Purchasing a workbook does not advance a return-to-duty process.

Recovery is individual. Material that resonates with one reader may not fit another's circumstances, diagnosis, or stage. If any content raises difficult emotional material, please pause and consult a licensed professional.

Sample chapters and excerpts are partial by nature and are not intended to be complete or self-sufficient.

08 Assessments and Instruments in Development

The assessment instruments described on the Site are identified as in validation and development. Statements about their scope, availability, timing, and capability are forward-looking and subject to change. Nothing on the Assessments page constitutes an offer, a launch commitment, or a representation that any instrument has completed validation.

Where an instrument is made available in a pilot or early-access program, it is provided on a pre-release basis, may change materially, and may be withdrawn.

Critically: our assessments are organizational diagnostic aids, interpreted in context by a practitioner. They are not employment selection tests, pre-employment screening tools, clinical or psychological measures, personality or fitness-for-duty instruments, or predictors of individual performance. They must not be used to make hiring, promotion, compensation, discipline, or termination decisions unless a separate engagement expressly contemplates that use and the instrument has been validated for it.

Organizations using any assessment in an employment context bear sole responsibility for compliance with applicable law, including Title VII, the Americans with Disabilities Act, the ADEA, state fair employment statutes, and applicable validation and adverse-impact standards.

09 Consulting Outcomes and Testimonials

Organizational change depends on factors far outside our control: leadership commitment, resourcing, market conditions, workforce dynamics, timing, and follow-through. We bring method, judgment, and structure — we cannot guarantee results.

Client statements on the Site describe individual experiences and are not typical, representative, or predictive. They are published with permission at role level. They are not a warranty or a promise of comparable outcomes, and they should not be read as such.

Descriptions of benefits — reduced turnover, faster return-to-duty timelines, improved engagement, audit readiness — describe outcomes our approach is designed to support, not results any client is assured of achieving.

10 Insights Articles and Commentary

Insights articles express Dr. Yarick's professional perspective at the time of writing on subjects including leadership, culture, systems, workforce dynamics, and technology adoption. They are commentary, not consulting deliverables, and are written for a general audience without knowledge of any reader's circumstances.

Opinions may evolve. Articles are not updated as conditions change. Third-party sources, statistics, and examples referenced in articles are attributed where used and are not independently warranted by us.

11 Accuracy, Completeness, and Availability

We take care with what we publish, but we make no representation or warranty that Site content is accurate, complete, current, or error-free, or that the Site will be uninterrupted, secure, or free of harmful components.

Typographical errors, outdated pages, broken links, and technical failures occur. We may modify, suspend, or remove any content or service at any time without notice.

12 Third-Party Links and Resources

Links to third-party websites — including Amazon, Calendly, LinkedIn, and the FMCSA Drug and Alcohol Clearinghouse — are provided for convenience. We do not control, endorse, verify, or assume responsibility for their content, accuracy, availability, security, pricing, or privacy practices. Your use of those services is at your own risk and governed by their terms.

13 No Warranties

To the fullest extent permitted by law, the Site and all 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, title, and non-infringement.

Some jurisdictions do not permit the exclusion of certain warranties; in those jurisdictions, exclusions apply to the maximum extent permitted.

14 Limitation of Liability

To the fullest extent permitted by law, Human Performance Consulting, Dr. Linda Yarick, and any associated personnel or contractors will not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising from your use of, or inability to use, the Site or its content — including lost profits, lost income, employment loss, disqualification from safety-sensitive duty, regulatory penalties, business interruption, or emotional distress — even if advised of the possibility.

The limitations and exclusions in our Terms of Use apply in full to this Disclaimer. Liability arising from a paid engagement is governed exclusively by the applicable signed agreement.

Nothing here limits liability that cannot lawfully be limited, including liability for fraud, willful misconduct, or any liability arising under professional licensure or federal regulation that may not be disclaimed.

15 Your Responsibility

Decisions you make after reading this Site — clinical, employment, regulatory, organizational, or personal — are yours. Please verify regulatory requirements with the responsible agency, consult qualified professionals for your specific circumstances, and do not act on general content published for a general audience without confirming that it fits your situation.

16 Changes to This Disclaimer

We may update this Disclaimer at any time. The "Last Updated" date will change accordingly, and continued use of the Site constitutes acceptance.

17 Contact

Human Performance Consulting

Dr. Linda Yarick

Email: yarickln@aol.com

Phone: 419-704-7683

Dr. Linda YarickHuman Performance Consulting

Bridging the gap between potential and performance — through aligned people, culture, and systems.

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