Background

 

The Client has requested the services of the Coach and the Coach has agreed to provide the services

for the Client as outlined in this Agreement at Schedule A.

Description of Coaching:

Coaching is a collaboration between the Coach and the Client in a thought-provoking and creative process that inspires the Client to maximise personal and professional potential. It is designed to facilitate the creation/development of personal, professional, or business goals and to develop and carry out a strategy/plan for achieving those goals.

 

1. Coach-Client Relationship

 

1. Client is solely responsible for creating and implementing his/her own physical, mental and

emotional well-being, decisions, choices, actions and results arising out of or resulting from the

coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any action or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.

 

1. Client acknowledges that coaching is a comprehensive process that may involve different

areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.

 

1. The Client understands that in order to enhance the coaching relationship, the Client agrees

to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.

E. For clients attending for Hypnotherapy sessions we agree to work together to address the issues presented by the client, however, because of the individual nature of the treatment, no guarantee of a cure can be given. The therapist agrees to use her best efforts and skills to  work towards the relief and achievement of agreed therapeutic goals.

F. For optimum success the client agrees to make reasonable use of therapeutic suggestions between sessions including  listening to voice recordings/mp3s and use reasonable efforts to adopt mutually  agreed therapeutic suggestions or actions (e.g. nutritional and behavioural suggestions for wellness).

G. Hypnotherapy voice recordings, should never be listened to while driving or operating heavy machinery.

 

2. Basis of the Agreement
   
   

This Agreement forms the basis of the Agreement between the parties. A legally binding Agreement between the parties is created on the date of this Agreement.

3. Services

 

The parties agree to engage in the Services detailed in Schedule A.

4. Term

 

This agreement is valid for the Term set out in Schedule A.

5. Fees
   
   
6. a) The price for the Services shall be as set out in Schedule A.

 

1. b) The Client shall pay any applicable VAT to the Coach on receipt of a valid VAT invoice.

 

1. c) The Coach may increase the Fee at any time by giving the Client not less than 21 days notice

in writing.

6. Payment
   
   

6.1 The Coach shall invoice the Client for the Services and the Client shall pay all invoices:

 

1. a) in full without deduction or set-off, in cleared funds within 7 days of the date of each invoice;

and

 

1. b) to the bank account nominated by the Coach and detailed in Schedule A.

 

6.2 Time of payment is of the essence. Where sums due under these Conditions are not paid in

full by the due date the Coach may:

 

1. a) without limiting its other rights, charge interest on such sums at 4% a year above the base

rate of Barclays Banks Plc from time to time in force, and interest shall accrue on a daily basis, 

 

and

 

apply from the due date for payment until actual payment in full, whether before or after judgment;

 

and/or

 

1. b) terminate the Services.
   
   

 

7. Coaching Process
   
   

7.1 The time and/or location of the Services will be determined by Coach and Client based on a

mutually agreed upon time (“Session”). The parties will meet for the Session in the pre-agreed manner as detailed in Schedule A.

7.2 The Services shall be deemed performed on completion of the performance of the meeting.

 

7.3 The Coach shall not be liable for any delay in or failure of performance caused by:

 

1. a) the Client’s failure to make the Session as agreed;

 

1. b) the Client’s failure to provide the Coach with adequate instructions for performance;

 

1. c) Force Majeure.
   
   
   

 

8. Cancellation/ Rearrangement Policy

 

Client agrees that it is the Client's responsibility to notify the Coach a minimum of 24 hours in advance of the Session in order to rearrange it. Failure to do so will result in that Session being forfeited by the Client.

 

9. Refund Policy
   
   

9.1 Refund policy is as follows:

 

1. a) Client terminates the agreement 14 days or more prior to commencement of the Term, 100%

refund is payable;

 

1. b) Client terminates the agreement 13 days or less prior to commencement of the Term, no

refund is payable.

 

9.2 Either Party may terminate this Agreement at any time with 4 weeks written notice prior to

commencement of the Term. Client agrees to compensate the Coach for all coaching services

rendered through and including the effective date of termination of the coaching relationship.

9.3 Any  antisocial behaviour by you will result in the immediate cessation of  treatment or coaching.

10. Confidentiality

 

10.1 This coaching relationship, as well as all information (documented or verbal) that the Client

shares with the Coach as part of this relationship, is treated with the upmost confidentiality. 

 

However, the Coach-Client relationship is not considered a legally confidential relationship (like the medical and legal professions) and thus communications are not subject to the protection of any legally recognised privilege.

10.2 Confidential Information does not include information that:

(a) was in the Coach’s possession prior to its being furnished by the Client;

 

(b) is generally known to the public or in the Client’s industry;

 

(c) is obtained by the Coach from a third party, without breach of any obligation to the Client;

 

(d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or

 

(e) the Coach is required by statute or by court order to disclose;

 

(f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and

 

(g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.

 

10.3 The Client agrees not to share tools, techniques and systems disclosed by the Coach during the course of the Services.

11. Marketing Permissions
    
    

Unless revoked in writing by the Client, the Coach has unconditional permission to share any

testimonials and/or reviews including the Client’s business name, personal name, photograph and social media profiles as deemed necessary by the Coach to market and promote its own services.

 

12. Data Protection
    
    

All personal data provided will be collected, processed and held in accordance with the provisions of the EU Regulation 2016/679 General Data Protection Regulations (GDPR) and your rights under the

GDPR.

 

13. Indemnity and insurance
    
    

13.1 The Client shall indemnify, and keep indemnified, the Coach from and against any losses,

damages, liability, costs (including legal fees) and expenses incurred by the Coach as a result of or in connection with the Client’s breach of any of the Client’s obligations under the Agreement.

13.2 The Coach shall ensure that it has in place at all times, valid and suitable insurance.

14. Limitation of liability

14.1 The Coaches total liability for any loss or damage caused as a result of its negligence or breach of the Agreement shall be limited to the cost of the Services.

14.2 The Coach shall not be liable for any loss or damage suffered by the Client that results from the Client’s actions following the Services.

14.3 Nothing in these Terms and Conditions nor in the Agreement shall limit or exclude the Coaches liability for death or personal injury.

14.4 Neither Party shall be liable to the other or be deemed to be in breach of the Agreement by

reason of any delay in performing, or any failure to perform, any of that Party’s obligations if the delay or failure is due to any cause beyond that Party’s reasonable control.

14.5 Except as expressly provided in this Agreement, the Coach makes no guarantees,

representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered.

15. Anti-bribery
    
    

15.1 Each party shall comply with applicable Bribery Laws including ensuring that it has in place

adequate procedures to prevent bribery; and

15.2 Neither party shall make or receive any bribe (as defined in the Bribery Act 2010) or other

improper payment, or allow any such to be made or received on its behalf, either in the United

Kingdom or elsewhere, and shall implement and maintain adequate procedures to ensure that such bribes or payments are not made or received directly or indirectly on its behalf.

16. Anti-slavery
    
    

The Coach shall comply with the Modern Slavery Act 2015

17. Force majeure

17.1 Force majaure means an event or sequence of events beyond a parties reasonable control

preventing or delaying it from performing its obligations under this Agreement.

17.2 Neither party shall have any liability under or be deemed to be in breach of the Agreement

for any delays or failures in performance of the Agreement which result from Force Majeure.

17.3 The party subject to the Force Majeure event shall promptly notify the other party in writing

when such event causes a delay or failure in performance and when it ceases to do so. If the Force Majeure event continues for a continuous period of more than 30 days, either party may terminate the Agreement by written notice to the other party.

18. Termination
    
    

18.1 The Coach may terminate the Agreement at any time by giving notice in writing to the Client if:

1. a) the Client commits a material breach of Agreement and such breach is not remediable;
   
   
2. b) the Client has failed to pay any amount due under the Agreement on the due date and such

amount remains unpaid within 7 days after the Coach has given notification that the payment

is overdue; or

 

1. c) the Coach-Client relationship is no longer deemed appropriate in the view of the Coach.

 

18.2 Termination or expiry of the Agreement shall not affect any accrued rights and liabilities of

the Coach at any time up to the date of termination.

19. Entire Agreement

 

This document reflects the entire agreement between the Coach and the Client, and reflects a

complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Coach and the Client.

20. Dispute Resolution

If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to 30 days after notice given. If the dispute is not so resolved, and in the event of legal action, each party shall be liable for their own legal costs.

21. Severability
    
    

If any provision of the Agreement (or part of any provision) is or becomes illegal, invalid or

unenforceable, the legality, validity and enforceability of any other provision of the Agreement shall not be affected.

If any provision of the Agreement (or part of any provision) is or becomes illegal, invalid or

unenforceable but would be legal, valid and enforceable if some part of it was deleted or modified, the provision or part-provision in question shall apply with the minimum such deletions 

 

or

 

modifications as may be necessary to make the provision legal, valid and enforceable. In the event of such deletion or modification, the parties shall negotiate in good faith in order to agree the terms of a mutually acceptable alternative provision..

22. Notices
    
    

22.1 Any notice given by a party under these Conditions shall:

 

1. a) be in writing and in English;

 

1. b) be signed by, or on behalf of, the party giving it; and

 

1. c) be sent to the relevant party at the address set out in the Agreement.

 

22.2 Notices may be given, and are deemed received:

 

1. a) by hand: on receipt of a signature at the time of delivery;

 

9. b) by Royal Mail Tracked post: at 9.00 am on the second Business Day after posting;

 

1. c) by email on receipt of a delivery receipt email from the correct address.

 

22.3 Any change to the contact details of a party as set out in the Agreement shall be notified to

the other party in accordance with clause 21.1 and shall be effective:

 

1. a) on the date specified in the notice as being the date of such change; or

 

1. b) if no date is so specified, 7 days after the notice is deemed to be received.

23. Variation

 

No variation of the Agreement shall be valid or effective unless it is in writing, refers to the Agreement and these Conditions and is duly signed or executed by, or on behalf of, each party.

24. No partnership or agency

 

The parties are independent and are not partners, principal and agent or employer and employee and the Agreement does not establish any joint venture, trust, fiduciary or other relationship between them, other than the agreementual relationship expressly provided for in it. 

 

None of the parties shall have, nor shall represent that they have, any authority to make any commitments on the other party’s behalf.

25. Waiver
    
    

The failure of either party to enforce any provision of this Agreement shall not be construed as a

waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

 

26. Costs and expenses

 

Each party shall pay its own costs and expenses incurred in connection with the negotiation,

preparation, signature and performance of the Agreement (and any documents referred to in it).

 

27. Third party rights
    
    

A person who is not a party to the Agreement shall not have any rights under the Agreements (Rights of Third Parties) Act 1999 to enforce any of the provisions of the Agreement.

28. Governing Law and Jurisdiction

This Agreement shall be governed and construed in accordance with the laws of England. Any dispute, controversy, proceedings and claim between Coach and Client shall be subject to the jurisdiction of the Courts of England.

29. Binding Effect

This Agreement shall be binding upon acceptance of these terms and payment completion.


Schedule A


6 Month one to one aligned business mentorship as outlined in the following coaching package PDF which can be found at:

https://drive.google.com/file/d/15gvEW62g8XfmWuvKZDSyEKyAN8EU4MHL/view?usp=sharing


Any additional services or resources provided above and beyond that which is outlined will be at the providers discretion.