Contractual Limitation of Liability Clause

1. Cap on Liability

1.1 Nothing in this Agreement shall limit or exclude liability for:

a) death or personal injury caused by negligence;
b) fraud or fraudulent misrepresentation;
c) any liability which cannot lawfully be limited or excluded.

1.2 Subject to Clause 1.1, the Consultant’s total aggregate liability arising out of or in connection with the Services (whether in contract, tort (including negligence), breach of statutory duty, misrepresentation or otherwise) shall not exceed:

Option A – Fee-Based Cap
the total fees paid by the Client under the relevant Statement of Work;

OR

Option B – Fixed Cap
£10,000 (ten thousand pounds sterling);

OR

Option C – Institutional Cap
the greater of (i) the total fees paid under this Agreement; or (ii) £50,000.

1.3 The limitation set out above applies to all claims in aggregate and not per claim.

2. Exclusion of Indirect and Consequential Loss

2.1 Subject to Clause 1.1, the Consultant shall not be liable for any:

a) loss of profit;
b) loss of revenue;
c) loss of business or business opportunity;
d) loss of anticipated savings;
e) loss of goodwill;
f) indirect or consequential loss or damage.

2.2 The parties agree that such losses are commercial risks properly borne by the Client as decision-maker.

3. No Guarantee of Outcomes

3.1 The Client acknowledges that the 4VM is a structured decision-support and diagnostic framework.

3.2 The Services are designed to interrogate strategic intent, capability, culture, and governance considerations prior to capital commitment.

3.3 The Consultant does not warrant, represent, or guarantee:

a) commercial success;
b) financial return;
c) risk elimination;
d) regulatory approval;
e) or any specific outcome.

3.4 All implementation decisions, capital allocations, and operational execution remain the sole responsibility of the Client.

4. Advisory Scope Definition

4.1 The Services constitute strategic advisory support only.

4.2 The Consultant does not provide:

a) legal advice;
b) financial advice;
c) tax advice;
d) regulatory compliance advice;
e) investment advice;
f) accounting services.

4.3 The Client is responsible for obtaining independent professional advice where required before acting on any matters discussed during the provision of the Services.