Terms and conditions

TERMS AND CONDITIONS

The Enrolled Customer trusts that the Service Provider has the necessary qualifications, experience, and abilities to provide services to the Enrolled Customer. The Service Provider is agreeable to providing such services to the Enrolled Customer on the terms and conditions set out in this Agreement.

SERVICES PROVIDED

The Enrolled Customer hereby agrees to engage the Service Provider to provide the Enrolled Customer with the coaching session or course chosen and paid for.

THE PURPOSE

The purpose of the Service Provider and Enrolled Customer relationship is to support the Enrolled Customer to achieve their goals. This service is a non-therapeutic intervention intended for Enrolled Customers who wish to enhance their performance or improve their work or personal situation. Throughout the service, the Service Provider will raise direct and personal reflections with the Enrolled Customer, which will include asking explicit questions and making requests for action. The purpose of these interactions is to remind the Enrolled Customer of his/her own intentions and coach him/her to realise them.

Except as expressly provided in this Agreement, the Service Provider makes no guarantees or warranties, express or implied. In no event will the Service Provider be liable to the Enrolled Customer for consequential or special damages. Notwithstanding any damages that the Enrolled Customer may incur, the Service Provider’s entire liability under this Agreement, and the Enrolled Customer's exclusive remedy, will be limited to the amount paid by the Enrolled Customer to the Service Provider under this Agreement for all services rendered up until the termination date.

SESSIONS AND FEES

The total cost of service is as stated on the order form. Any additional support will be purchased separately.

PERFORMANCE

The Parties agree to do everything necessary to ensure the terms of this Agreement take effect.

CURRENCY

Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in GBP.

PAYMENT AND REFUND POLICY

The Service Provider will charge the Enrolled Customer for the Services at the rate specified in the order form.

Refunds: Once payment is made, the Enrolled Customer acknowledges that no refunds will be issued. However, the Service Provider is committed to working collaboratively with the Enrolled Customer to find suitable alternative dates if the initially agreed booking dates do not work.

CONFIDENTIALITY

We are registered with the Information Commissioner’s Office (ICO) as a data controller and have a legal duty to protect the personal information that we collect and use.

Confidential information (the “Confidential Information”) refers to any data or information relating to the business of the Enrolled Customer which would reasonably be considered to be proprietary to the Enrolled Customer, including, but not limited to, accounting records, business processes, and Enrolled Customer records, and that is not generally known in the industry of the Enrolled Customer and where the release of that Confidential Information could reasonably be expected to cause harm to the Enrolled Customer.

The Service Provider agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any Confidential Information which the Service Provider has obtained, except as authorised by the Enrolled Customer or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.

All written and oral information and material disclosed or provided by the Enrolled Customer to the Service Provider under this Agreement is Confidential Information, regardless of whether it was provided before or after the date of this Agreement or how it was provided to the Service Provider.

OWNERSHIP OF INTELLECTUAL PROPERTY

All intellectual property and related material (the “Intellectual Property”) that is developed or produced under this Agreement will be the property of the Service Provider. The Enrolled Customer is granted a non-exclusive limited-use license of this Intellectual Property.
Title, copyright, intellectual property rights, and distribution rights of the Intellectual Property remain exclusively with the Service Provider.

CAPACITY/INDEPENDENT SERVICE PROVIDER

In providing the Services under this Agreement, it is expressly agreed that the Service Provider is acting as an independent Service Provider and not as an employee. The Service Provider and the Enrolled Customer acknowledge that this Agreement does not create a partnership or joint venture between them and is exclusively a contract for service.

CLIENT RESPONSIBILITY

The Enrolled Customer acknowledges that the results of the coaching services are dependent on their own effort, follow-through, and commitment. The Service Provider is not responsible for the Enrolled Customer’s personal results, as coaching is a collaborative process where success relies on the active engagement of the Enrolled Customer.

INDEMNIFICATION

Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns, against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees, and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

TIME OF THE ESSENCE

Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision.

FORCE MAJEURE

Neither Party shall be liable for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of God, war, strikes, pandemics, or governmental restrictions ("Force Majeure Event"). In the event of a Force Majeure Event, the affected Party will notify the other Party promptly and work together to reschedule the affected service.

ENTIRE AGREEMENT

It is agreed that there is no representation, warranty, collateral agreement, or condition affecting this Agreement except as expressly provided in this Agreement.

TITLES/HEADINGS

Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement.

GENDER

Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement will be governed by and construed in accordance with the laws of England. In the event of a dispute, the Parties agree to first attempt to resolve the issue through mediation before pursuing any other legal remedy.

SEVERABILITY

In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.

WAIVER

The waiver by either Party of a breach, default, delay, or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.