This page tells you the terms and conditions (Terms) on which we supply any of the courses (Courses) listed on our website www.thejacquieedwards.com (our site) to you.  Please read these Terms carefully before ordering any Courses from our site.

You should print a copy of these terms and conditions for your future reference.

By placing an order on our site, you agree to these Terms and that these Terms take precedence over any other terms and conditions including your own terms of business, any course of dealing or any industry practice.

1.                Information about us

www.thejacquieedwards.com is a site operated by JADE Success Ltd ("we" or “us”). Our address is JADE Alpaca Ranch, Baulking Lane, Faringdon SN7 8NR and our email address is [email protected]

2.                Your status

By placing an order through our site, you warrant and confirm that:

(a)          You are legally capable of entering into binding contracts;

(b)          You are at least 18 years old;

(c)          You may not sell, publish or distribute any documents of information contained in the course or use it in whole or in part to create another document.

3.                How the contract is formed between you and us

3.1             After placing an order, you will receive an e-mail from us acknowledging that we have received your order.  Please note that this does not mean that your order has been accepted.  Your order is an offer to us to buy a Course.  All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Course is available for access or download (the Download Confirmation).  The contract between us (Contract) will only be formed when we send you the Download Confirmation. 

3.2             The Contract will relate only to those Courses whose access or download we have confirmed in the Download Confirmation.  We will not be obliged to supply any other Courses that may have been part of your order until the access or download of such Course has been confirmed in a separate Download Confirmation.

3.3             If you are purchasing a Course as a consumer:

(a)          you have the right to cancel this agreement within 14 days of the date of this agreement by emailing us at [email protected]. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this agreement, we will reimburse to you all payments received from you in relation to the agreement within 14 days after the date on which we were informed about your decision to cancel this Contract; and

(b)          notwithstanding paragraph 3.3(a) above, you agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in paragraph 3.3(a) above and you acknowledge that you will lose your cancellation rights in relation to such digital content; and

(c)          in relation to the provision of any additional services under this Contract:

(i)           you hereby request immediate performance of the Contract and acknowledge that you will lose your right of withdrawal from the Contract once the service contract is fully performed; and

(ii)         if you cancel the Contract before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.

4.                Availability

Your order will be fulfilled automatically on your receipt of the Download Confirmation but in the event that our automated systems do not work immediately, please contact [email protected] to advise us that the Course has not been made available for access or download. As our systems are automated, we shall not be liable for any delay in the access to or download of any Course.

5.                Title and Intellectual Property

5.1             You will only be entitled to use the Course when we receive full payment of all sums due in respect of the Course.

5.2             As between us and you, all Intellectual Property Rights and all other rights in any Course shall be owned by us. We license all such rights to you on a non-exclusive basis only to such extent as is necessary to enable you to make reasonable use of the Course.

5.3             We shall enforce our Intellectual Property Rights in the Course to the fullest extent possible by law and DISTRIBUTING (WHETHER FOR PAYMENT OR OTHERWISE), PUBLISHING, SELLIING OR DISCLOSING A COURSE IS STRICTLY PROHIBITED.

6.                Price and payment

6.1             The price of any Course will be as quoted on our site from time to time, except in cases of obvious error. 

6.2             These prices include VAT except where expressly stated otherwise.

6.3             Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Download Confirmation.

6.4             Payment for all Courses must be by such method of payment as is specified on our website. If you choose to pay by PayPal, you must have a valid PayPal account in order to purchase a Course.

7.                Refunds

7.1             As you are able to download, make use of and copy the Course immediately, we will only offer refunds in limited circumstances at our discretion.

7.2             We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

8.                Our liability

8.1             Our Courses are provided on an "as is" basis without any representations or endorsements made and without any warranty of any kind whether express or implied, other than where you are purchasing our Courses as a consumer in which case the implied warranties of fitness for purpose, merchantability and accuracy shall apply.

8.2             If, for any reason, we are liable for any damages, other than those for death or personal injury caused by our negligence (or any other matter for which we are not able to limit or exclude our liability due to applicable law), our total liability shall be limited to the amount of the Course purchased.

8.3             By purchasing a Course, you agree that in no circumstance shall we be liable for any indirect, incidental, special or consequential damages, including, but not limited to:

(a)          loss of income or revenue

(b)          loss of business

(c)          loss of profits or contracts

(d)          loss of anticipated savings

(e)          loss of data

(f)           loss of data, or

(g)          waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise , even if foreseeable.

arising out of or in any way connected with the use of a Course, under any law or on any basis whatsoever whether contractual or otherwise, except in relation to death or personal injury caused by our negligence (or any other matter for which we are not able to limit or exclude our liability due to applicable law).

9.                Written communications

You agree that our communication with you will be mainly electronic and via email.  We may however also provide you with information by posting notices on our site. You agree that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.

10.             Notices

All notices given by you to us must be given to [email protected]. We may give notice to you at the e-mail address you provide to us when placing an order.  Notice will be deemed received and properly served 24 hours after an e-mail is sent, or three days after the date of posting of any letter.  In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

11.             Transfer of rights and obligations

11.1           You may not transfer, assign or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. 

11.2           We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

12.             Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control. 

13.             Waiver

13.1           If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

13.2           A waiver by us of any default shall not constitute a waiver of any subsequent default.

13.3           No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.

14.             Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

15.             Entire agreement

15.1           These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

15.2           We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

15.3           Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

16.             Our right to vary these terms and conditions

16.1           We have the right to revise and amend these terms and conditions from time to time. 

16.2           You will be subject to the policies and terms and conditions in force at the time that you order Courses from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Download Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Course).

17.             Law and jurisdiction

Contracts for the purchase of Courses through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.  Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

1.   Summary of key terms

2.  Application of terms and conditions
   •  These terms and conditions (“Terms”) apply to the coaching programmes at www.thejacquieedwards.com (“Programme”) operated by JADE Success Ltd (“we” or “us”). By registering to be a participant in our Programme, you agree to the following Terms and that these prevail over any inconsistent terms or conditions contained, or referred to, elsewhere or as implied by law, trade custom, practice or course of dealing.
   •  The agreement is between us and you, the person or entity registering to be a participant in the Programme (“you”) and which is subject to these Terms (“Contract”), shall come into effect upon us emailing you to confirm our acceptance of your registration form for the Programme and shall continue until terminated in accordance with these Terms.
   •  If you are purchasing online, the order process will be as follows:
     •  add the Programme to the cart and proceed to the checkout and make payment as directed;
     •  if you are paying by PayPal, you will be re-directed to the PayPal website for you to make payment and then once payment is made, you will be re-directed back to our site;
     •  we will send you an email acknowledging your order and confirming whether we have accepted your order.
     •  If at any stage you have made an error in your order, you may email us at [email protected] to correct any errors.
   • If you are purchasing online, you should print a copy of these Terms for your records as we will not be filing a copy and we may change these Terms from time to time.
   •  These Terms should be read in conjunction with our Website Terms of Use, Privacy Policy and Acceptable Use Policy (all of which can be found on our website (see links at the bottom of this page).
   •  Any content posted or submitted by you to our site or in our forum or any contribution on group sessions in the course of the Programme is subject at all times to the Acceptable Use Policy.       
   •  Where you are a corporate entity, “you” as used in these Terms shall be deemed to include your officers and employees and you shall procure that such officers and employees fully comply with these Terms.
3.  Programme
   • The Programme will be provided and delivered by a combination online and as detailed on the site.
   • The date and time of all sessions are as set out on the site or as otherwise communicated to you, but are subject to change. We will provide you with as much notice of any change as is possible but we shall not be liable to you in any way for any change to such dates or times. Please check the site regularly for updates on changes to dates and times.

In Person Sessions

• If you need to cancel an In Person Session, you should provide us with as much notice as possible (by emailing [email protected]). If it is a one to one In Person Session, we will endeavour to reschedule the session to a mutually convenient date and time. If you provide us with less than 48 hours’ notice or fail to provide us with any notice, we may not be able to reschedule the session and shall not be obliged to refund you any amounts paid in relation to such session.
• If you arrive late for a one to one In Person Session, we will try to extend the end time but, if this is not possible, the session will end at the scheduled time and we will not be obliged to refund you any amounts paid in relation to such session.
• The In Person Sessions may be held in third party venues such as hotel meeting rooms and you agree to comply at all times with such venue’s policies and rules in relation to such venue (particularly fire safety and health and safety rules). We will require you to leave if you do not comply with such policies and rules (and shall not be obliged to refund you any amounts paid in relation to such session).
• You are responsible for your own belongings that you take to an In Person Session and neither we nor the venue will be liable for any loss, damage, theft or destruction of any of your belongings.
• You agree to indemnify us against any claim from any third party (and associated costs and expenses (including professional fees)) arising out of your actions or inactions while at a venue as part of the Programme.

Telephone Sessions

• Group zoom sessions shall start and end at the scheduled times regardless of the time that you join the call. If you are late for an individual zoom call, this may be extended at our discretion but if we need to end at the scheduled time, we shall not be obliged to refund you any amounts in relation to such session.

Online Sessions

• The online sessions of the Programme are held on third party secure servers and we have taken all reasonable steps to ensure that the online content will be available at all times during the course of the Programme but in the event that such content (or any content added by you or other participants in the Programme) is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, we shall have no liability in any circumstances.
• You agree to keep user details and your password for the site confidential at all times and to not disclose them to any third party. You must notify us immediately if you become aware of any unauthorized use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability which arises from any unauthorized use of your account.

4.  Goods
   •  Where we are providing goods or products (such as CDs, DVDs or binders) (“Products”) as part of the Programme or otherwise, the following terms and conditions of this paragraph 4 shall apply.
   • Any photographs of the Products on our site are for illustration purposes only.
   • The delivery charges for the Products are as set out on our site from time to time.
   • Your order will be fulfilled by the estimated delivery date set out in our confirmation email or as described on our site, unless there is an event outside of our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will endeavour to contact you with a revised estimated delivery date.
   • Delivery will be completed when we deliver the Products to the address you gave us when you placed the order and the Products will be your responsibility from the completion of delivery.
   • If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. Return delivery will be at your expense.
   • You own the Products once we have received payment in full, including all applicable delivery charges.
5.  Payment
   • The total price payable for the Programme is as set out in the summary of key terms above.
   • You may choose to pay by instalments or in one lump sum and the total price payable shall depend upon which option you have chosen and shall be as set out in the summary of key terms.
   • If you choose to pay in instalments, a deposit of the amount set out in the summary of key terms is payable on registration for the Programme. You will then be charged for further instalments for the amount set out in the summary of key terms on the same date as the date of registration for each subsequent calendar month until the total price payable has been paid. If we send you invoices, these must be paid within 7 days of the date of the invoice. For the avoidance of doubt, even if you do not continue to participate in the Programme, such instalments remain payable.
   • If you are paying instalments online through Stripe, Paypal or a similar online payment method, you agree that we can take such further instalments automatically when due and without any further consent from you.
   • Payment is to be made by any method that is detailed on our site from time to time.
   • Without prejudice to any other right or remedy that we may have, if any sum payable under these terms is not paid within 7 days of the date due we reserve the right to (i) charge interest from the date due for payment to the actual date of payment at the rate of 4% above the base rate of the Bank of England from time to time in force and/or (ii) suspend the availability of the Programme until such time as payment is made or the Contract is terminated.
   • The total price payable as set out in the summary of key terms is inclusive of Value Added Tax (and any other applicable taxes or duties) which shall be added at the applicable rate where necessary.
   • You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with your participation in the Programme.
   • All payments are non-refundable other than as set out in paragraph [6.5 and 8.2] below.
6.  Our obligations
   •  We warrant to you that the Programme and Programme materials purchased from us is of satisfactory quality and reasonably fit for the purpose for which the Programme is supplied. 
   •  Other than as set out in paragraph 6.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching and the fact that your success is dependent on a number of factors over which we have no control, we do not guarantee any particular results.
   •  We will endeavour to ensure that all information that we provide is accurate and up-to-date but we shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
   •  You acknowledge that in the course of the Programme you may have access to other Programme participants confidential information and you agree not to use or disclose to any third party such confidential information. This restriction does not apply to:

• (a)            any use or disclosure authorised by you or required by law;
• (b)            any use or disclosure which you consider necessary or advisable in order to prevent illegal acts or harm to others; or
• (c)            any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure.
  •  If you are buying as a consumer (as defined in the Consumer Contracts (Information, Cancellaton and Additional Charges) Regulations 2013 – namely you are buying the Programme as an individual acting for purposes which are wholly or mainly outside of your trade, business, craft or profession, you may cancel the Contract within 14 days of the date of you registering for the Programme by emailing us at [email protected] stating your clear intention to cancel. If we receive such email within 14 days of the date of you registering for the Programme, we shall provide you with a full refund of the amount paid by you up to such date, within 14 days of the day on which we received your valid notice of cancellation and usually by the method originally used by you to pay for your purchase.
  •  You hereby request immediate performance of the Contract and acknowledge that you will lose your right of withdrawal from the Contract once the service contract is fully performed. If you cancel the Contract before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
  •  You agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in paragraph 6.5 above and you acknowledge that you will lose your cancellation rights in relation to such digital content.
  •  You acknowledge that your personal data will be processed by and on behalf of us as part of us providing the Programme to you in accordance with our Privacy Notice that you can view at https://www.thejacquieedwards.com/privacynotice.
  7.  Intellectual Property
     •  We are the owner or the licensee of all Intellectual Property Rights and all other rights in the Programme and all content within the Programme and nothing in these Terms or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in the Programme or the content of the Programme to you or to any other person.
     •  You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials (or any of the ideas and concepts created by us and contained in the content or materials) contained in the Programme.
     •  We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content of the Programme for the purposes for which the Programme was provided only.
     •  Except as set out in paragraph 7.3, you may not use any of our intellectual property rights at any time except where duly licensed. Use of our logo is strictly prohibited without our prior written consent.
     •  You may not without our prior written consent make any audio or visual recordings of any part of our Programme.
     •  We may from time to time record the Programme being delivered during your attendance.  You authorise us to use your image and voice in any such recordings without payment, other condition or need for further consent.
     •  You are not permitted to sell or promote products or services to other participants in the Programme at or during any part of our Programme without our prior written permission.
     •  The provisions of this paragraph 7 shall survive termination of the Contract.
  8.        Term and termination
     •  The Contract shall continue until the end of the Programme when the Contract shall expire other than for the Terms that are specifically stated to remain in force.
     •  Notwithstanding the provisions of paragraph 8.1, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:
       •  The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or
       •  The other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or
       •  The other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.
     • We may terminate the Contract without any liability to make any refund to you if your continued participation in the Programme is in our opinion causing disruption to the running of the Programme or to other participants.
     • Where you have set up recurring payments, it is your responsibility to terminate these payments following termination of the Contract.
     • On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under these Terms (which for the avoidance of doubt shall include any remaining instalments regardless of the point at which the Contract is terminated).
     • Termination of this agreement shall not affect the accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
     • Any delay by us in exercising our right to terminate the Contract shall not constitute a waiver of our right to terminate or to seek any other remedy.
     • Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.
     • This paragraph 8 shall survive termination of the Contract.
     • Where the Contract expires, this shall be treated as a termination for the purposes of paragraph 8.7 and all other paragraphs that refer to “termination”.
  9.  Liability      
     • Nothing in this paragraph 9 shall limit our liability for death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
     • We shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by the you as a result of you entering into the Contract and/or us providing the Programme.
     • Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the Contract shall in all circumstances be limited to the price paid by you for the Programme.
     • Any claims to be brought under or arising out of the Contract must be brought within 6 months of the date of the event giving rise to the claim.
     • If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of our control (including our illness or incapacity or that of any member of the team involved in providing the Programme), we shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
     • We may make changes (and shall not be liable for any additional costs incurred by you or for any other liability incurred by you as a result of changes) in (i) the Programme, (ii) any other content, (iii) the location of venues, (iv) the time and date of sessions or (v) the delivery mode of the sessions (for example changing an in person session to an online session) (vi) trainers, instructors or coaches.
     • The provisions of this paragraph 9 shall survive termination of the Contract.
     • You acknowledge and agree that:
       • The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Programme (which shall be deemed to have been terminated by mutual consent);
       • in entering into the Contract you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the Programme other than as expressly set out in the Contract.
  10.  General
      • By registering for our Programme you warrant that:
        • You are legally capable of entering into binding contracts; and
        • You are at least 18 years old; and
        • That all information you provide us with is materially true and accurate at all times and not misleading in any way.
      • You accept that communication with us will be mainly electronic.  We will contact you by e-mail or provide you with information by posting notices on our site.  You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.  This condition does not affect your statutory rights.
      • We may vary these Terms (other than the price payable by you for the Programme) as we see fit from time to time and if we do, we shall notify you by email of the change of terms. Your continuation with the Programme will be deemed to be your acceptance of any new Terms. Where there has been a material change to the Terms, if you do not wish to accept the new Terms and provide us with written notice of this, we will refund to you a pro rata amount of any sums paid by you for the Programme.
      • The Contract is personal to you and you may not assign, transfer, charge, subcontract, sub-license or deal in any other manner with all or any of your rights under the Contract.
      • We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
      • If we fail to insist upon strict performance of any of your obligations under the Contract, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is in writing.
      • If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
      • A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
      • The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under the Contract are not subject to the consent of any person that is not a party to the Contract.
      • The Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
      • We each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including non-contractual disputes or claims).
      • Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.

Agreed terms

1.                   Term of engagement

1.1                By requesting that I provide group coaching services (Services) to you, you agree that the following terms and conditions (Terms) shall apply to any contract formed between us (Contract) in relation to the Services and that such terms shall take precedence over any other terms (including your own standard terms, any course of dealing or any industry practice).

1.2                You are engaging me as a life coach to provide the Services to you on these Terms.

1.3                The Contract will commence on the date that we confirm we are happy to provide the Services to you and will continue unless and until the Services have been provided in full or as terminated as set out in these Terms.

    2.                   Sessions and cancellation

2.1                I shall provide you with the group coaching sessions as per the programme description.

2.2                The Sessions will take place at the dates, times and venues as set out on our website, although I reserve the right to change the date, time and venue for any reason including for circumstances that are outside of my control. I will where possible provide you with at least 48 hours notice of any change to date, time or venue.

2.3                If you are not able to attend a Session for any reason (including due to us changing the date, time or venue), you will not be entitled to any refund but I may, at my discretion, offer you a catch up session.

2.4                Where Sessions are held in third party venues, you agree to comply at all times with such venue’s policies and rules in relation to such venue (particularly fire safety and health and safety rules). You will be required to leave the venue if you do not comply with such policies and rules (and I shall not be obliged to refund you any amounts paid in relation to such Session).

2.5                You are responsible for your own belongings that you take to a Session and neither I nor any third party venue will be liable for any loss, damage, theft or destruction of any of your belongings.

2.6                You agree to reimburse me in full in relation to any claim from any third party (and associated costs and expenses (including professional fees)) arising out of your actions or inactions while at a third party venue.

    3.                   My Duties

3.1                I shall provide the Services with due care, skill and ability.

3.2                Other than as set out in clause 3.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching, I do not guarantee any particular results.

3.3                If for any reason I am unable to provide the Services at the agreed time, for example due to ill health, I will provide you with as much notice as possible and I shall reschedule the Session for another time.

    4.                   Fees

4.1                The total fee is payable in advance of the first group coaching session.

4.2                I will hold your space in the group coaching sessions for 7 days from me confirming that you have a place in the group coaching session. If you have not paid your invoice in full, in cleared funds, within 7 days from the date of the invoice, your space shall be released and we may charge you a cancellation fee as set out below.

4.3                In the event that (i) you request that we provide the Services to you, (ii) we confirm that we are keeping a place for you and (iii) you fail to pay the invoice in cleared funds within 7 days of the date of the invoice, we may in our discretion charge you a cancellation fee of up to [25%] of the total fee payable. 

4.4                You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with your participation in the Sessions.

4.5                Without prejudice to any other right or remedy that I may have, if you fail to pay me on the due date, I may:

(a)            charge interest on such sum from the due date for payment at the annual rate of 4% above the base rate from time to time of Bank of England, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and you shall pay the interest immediately on demand; and

(b)            suspend all Services until payment has been made in full.

4.6                All sums payable under this agreement shall become due immediately on termination of this agreement, despite any other provision. This clause 4.7 is without prejudice to any right to claim for interest under the law, or any such right under this agreement.

    5.                   Confidential information

5.1                I acknowledge that in the course of providing the Services I will have access to Confidential Information relating to you and your affairs and I agree not to (except in the proper course of my duties) use or disclose to any third party any Confidential Information. This restriction does not apply to:

(a)            any use or disclosure authorised by you or required by law;

(b)            any use or disclosure which I in my absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or

(c)            any information which is already in, or comes into, the public domain otherwise than through my unauthorised disclosure.

5.2                As is good practice in coaching, I undertake coaching and am part of supervision groups. You agree that I may disclose any issues which arise out of the Sessions with my own coach, supervisor and/or supervision group but I agree only to disclose such issues on a general basis and without disclosing your name.

5.3                You must keep all information discussed in the group coaching sessions strictly confidential.

6.                        Data protection and Intellectual Property

6.1                You acknowledge and agree that your personal data will be processed by and on behalf of me as part of me providing you with the Services. You agree that I may also share your personal details with other participants in the group sessions (including such details as your email address).

6.2                I am the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that I use within the group coaching sessions and nothing in this agreement or otherwise shall transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other person.

6.3                You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials that I use in the group coaching sessions.

6.4                I grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content or material used in the group coaching sessions for the purposes for which the sessions were provided only.

6.5                You may not without my prior written consent make any audio or visual recordings of all or any part of our group coaching sessions.

7.                   Termination

7.1                Either of us may terminate the Contract if the other is in material breach of any of these Terms.

7.2                We may terminate the Contract immediately (without any liability to provide any refund to you) if we reasonably feel that you are not participating fully in the group sessions, that you are disrupting the group sessions or for any other reason where we reasonably feel that your presence is adversely impacting on the group sessions.

7.3                On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under the Contract.

7.4                Termination of the Contract shall not affect any rights, remedies, obligations and liabilities of either of us as at the date of termination, including the right to claim in respect of any breach of the Contract which existed at or before the date of termination.

7.5                Clauses which expressly or by implication have effect after termination shall continue in full force and effect after the date of termination of the Contract, including the following clauses: clause 5 (Confidential Information), this clause 7, clause 9 (Limitation on liability) and clause 13 (Governing law and jurisdiction).

    8.                   Status

The relationship between us will be that of independent contractor and nothing in these Terms shall render me your employee, worker, agent or partner.

9.                   Limitation on Liability

9.1                Nothing in this clause 9 shall limit my liability for death or personal injury caused by my negligence or for my fraud or fraudulent misrepresentation or for any matter for which liability cannot legally be excluded or limited.

9.2                I shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into the Contract and me providing the Services.

9.3                My total liability under any law or in relation to the performance (or contemplated performance) of the Contract shall in all circumstances be limited to the total price paid by you for the Services.

9.4                If I am prevented from or delayed in performing my obligations by your act or omission or by any circumstance outside of my control, I shall not be in breach of the Contract or liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

9.5                The provisions of this clause 9 shall survive termination of the Contract.

    10.                Entire agreement and previous contracts

You acknowledge and agree that:

(a)            These Terms constitute the entire agreement and understanding between us and supersede any previous arrangement, understanding or agreement between us relating to the provision of the Services;

(b)            in entering into the Contract you have not relied on anything said by any person (including any third party) relating to the provision of the Services.

    11.                Variation

We may vary these Terms at any time as we deem fit (other than in relation to the fee payable and the number of sessions to be provided). We shall where possible provide you with advance notice of such variation.

    12.                Third party rights

12.1             A person who is not a party to the Contract shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

    13.                Governing law and jurisdiction

13.1             The Contract and any dispute or claim arising out of the Contract shall be governed by and construed in accordance with English law.

13.2             We each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract.