Coaching agreement for One to One Coaching

 

  1. Summary of key terms

 

Contents of Programme

See website at www.assetbusinessconsultancy.co.uk

 

Total payment due [if paid in full] on registration

£AS SET OUT ON THE WEBSITE

 

Total payment due if paid in instalments

AS SET OUT ON THE WEBSITE

 

Deposit

AS SET OUT ON THE WEBSITE

 

Instalments

Where instalments are paid, payment is required every 28 days until all payments specified on the website where you placed your order have been made

 

Cancellation

 

You may cancel the Contract within 14 days of the date of your registration/payment. Please email info@assetbusinessconsultancy.co.uk stating clearly your wish to cancel and we will provide you with a full refund.

 

Guarantee

You may request a full refund up to the date falling 14 days before the date of your coaching session. See paragraph 8.2 for more details.

 

 

Application of terms and conditions

 

2.1  These terms and conditions (“Terms”) apply to the Boardroom to Boss coaching Programme (“Programme”) operated by 

       Lucille Roache, trading as Asset Business Consultancy of Suite 2A, Blackthorn House, St Pauls Square, Birmingham, B3 1RL 

       (“we” or “us”). By booking a coaching session, 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.

 

2.2  The agreement between us and you, the person or entity booking a coaching session(s) (“you”) and which is  subject to these  

       Terms (“Contract”), shall come into effect upon us emailing you to confirm our acceptance of your booking form for the 

       Coaching session and shall continue until terminated in accordance with these Terms.

 

 

2.3  If you are purchasing online, the order process will be as follows:

 

2.3.1 Proceed to the sales page, complete your details and proceed to checkout and make payment as directed;

 

2.3.2 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;

 

2.3.3 we will send you an email acknowledging your order confirming whether we have accepted your order.

 

2.3.4 If at any stage you have made an error in your order, you may email us at info@assetbusinessconsultancy.co.uk to correct

         any errors.

 

2.4   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.

 

2.5   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 www.assetbusinessconsultancy.co.uk (“site”).

 

2.6   Any content posted or submitted by you to our site in the course of the Coaching is subject at all times to the Acceptable Use

        Policy.

 

2.7  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 Coaching

 

3.1 The Coaching sessions will be provided by phone or Zoom for the duration specified in your confirmation email and will either 

      be 1 session, 3 sessions or 6 sessions.

 

3.2  The date and time of all telephone sessions, are as to be agreed between us and you. 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/your email regularly for updates on changes to dates and times.]

 

3.3 If you need to cancel your coaching sessions, you should provide us with as much notice as possible

      (by emailing info@assetbusinessconsultancy.co.uk  or by calling 07484 303888 and we will endeavour to reschedule the 

      session to a mutually convenient date and time. If you provide us with less than [24] 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.

 

3.4 If you arrive late for a 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.

 

3.5 Coaching may take place in person by mutual agreement, subject to reasonable travel expenses and will take place 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).

 

3.6 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.

 

3.7 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.

 

3.8 Group telephone sessions, where applicable, shall start and end at the scheduled times regardless of the time that you join the

      call. If you are late for an individual telephone 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.

 

3.9 Any digital materials included in the Membership require the following hardware and software and other functional

      requirements in order to be fully used: including Adobe, Microsoft Word internet connectivity and the ability to play videos

 

Online Sessions

 

3.10 Where access is granted to any programme, the online sessions will be 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.

 

3.11You agree to keep your 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 unauthorised 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

 

4.1 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.

 

4.2 Any photographs of the Products on our site are for illustration purposes only.

 

4.3 Your order will be fulfilled by the estimated 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.

 

4.4 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.

 

5. Payment

5.1 The total price payable for the Programme is as set out on the website.

 

5.2 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 on the website.

 

5.3 If you choose to pay in instalments a deposit of the amount set out on the website and referred to in the key terms referred to

     above is payable on registration for the Programme. You will then be invoiced for a further [2] instalments for the amount set

     out on the website and referred to in the summary of key terms every 28 days until the total price payable has been paid. Such

     invoices must be paid within 7 days of the date of the invoice or where payment has been made online, payment will be taken 

     on the same date each month as the date that the initial payment was made, using the payment method originally used to make

     payment.

 

5.4 Payment is to be made by any method that is detailed on our site from time to time.

 

5.5 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 3% above the base rate of Metro Bank

    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.

 

5.6 The total price payable as set out on the website is exclusive of Value Added Tax (and any other applicable taxes or duties)

      which shall be added at the applicable rate where necessary.

 

5.7 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.

 

5.8 All payments are non-refundable other than as set out in paragraph [6.5 and] 8.2 below.

 

6.  Our obligations

 

6.1 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. 

 

6.2 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.

 

6.3 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.

 

6.4 We acknowledge that in the course of the Programme we will have access to your confidential information and we agree not to

      (except in the proper course of our duties) 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 we in our 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 our unauthorised disclosure.

 

6.5 You may cancel the Contract within 14 days of the date of you registering for the Programme by emailing us at

      info@assetbusinessconsultancy.co.uk stating your clear intention to cancel or by using the form of cancellation annexed to this

      agreement at Annex 1. 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.

 

6.6  If you request immediate performance of the Contract you 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.

 

6.7 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 4.7 above and you acknowledge that you will lose your cancellation rights in relation to such digital

       content.

 

6.8 You acknowledge and agree that your personal data will be processed by and on behalf of us as part of us providing the 

       Coaching to you.

 

7. Intellectual Property

 

7.1 We are the owner or the licensee of all Intellectual Property Rights and all other rights of the material within the

     Coaching/programme and all content and nothing in these Terms or otherwise shall operate to transfer the ownership of the

     Intellectual Property Rights in the Coaching/Programme or the content of the Programme to you or to any other person.

 

7.2 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 contained in the Coaching/Programme.

 

7.3 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 material of the Coaching/Programme for the purposes for which the coaching/Programme was provided only.

 

7.4 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.

 

7.5 You may not without our prior written consent make any audio or visual recordings of any part of our Coaching/Programme.

 

7.6 We may from time to time record all or part of the Coaching/Programme being delivered during your attendance.  You

      authorise us to use your image and voice i any such recordings without payment, other condition or need for further consent.

 

7.7 You acknowledge that certain information contained in the Programme and Programme materials is already in the public

     domain.

 

7.8 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.

 

7.9 The provisions of this paragraph 7 shall survive termination of the Contract.

 

8 Term and termination

 

8.1 The Contract shall continue until the end of the Coaching/Programme when the Contract shall expire other than for the Terms

      that are specifically stated to remain in force.

 

8.2 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:

 

8.2.1 The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or

 

8.2.2 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

 

8.2.3 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.

 

8.2.4 The other party acts in a way which is abusive or in any other way which makes the continued relationship untenable

 

8.2.5 The other party continues to refuse arrive for coaching sessions late, or not at all on 2 or more occasions, without advance

         notice or a reasonable explanation

 

8.3  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).

 

8.4 Termination of this agreement shall not affect either of our 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.

 

8.5 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.

 

8.6 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.

 

8.7 This paragraph 8 shall survive termination of the Contract.

 

8.8 Where the Contract expires, this shall be treated as a termination for the purposes of paragraph 8.7 and all other paragraphs

       that refer the“termination”.

 

9. Liability

 

9.1 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.

 

9.2  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 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/or us providing the Coaching/Programme.

 

9.3 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 Coaching/Programme.

 

9.4 If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside of

      our control, 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.

 

9.5 We shall not be not liable for additional costs incurred by you as a result of changes in (i) the Coaching/Programme, (ii) any 

      other content, (iii) the location of venues, (iv) the time and date of sessions or (v) trainers, instructors or coaches.

 

9.6 The provisions of this paragraph 9 shall survive termination of the Contract.

 

9.7 You acknowledge and agree that:

 

9.7.1 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);

 

9.7.2 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 Coaching/Programme other than as expressly set out in the Contract.

 

10. General

 

10.1 By registering for our Coaching/Programme you warrant that:

10.1.1 You are legally capable of entering into binding contracts; and

10.1.2 You are at least 18 years old; and

10.1.3 You are resident in England and Wales; and

10.1.4 That all information you provide us with is materially true and accurate at all times and not misleading in any way.

 

10.2 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.

 

10.3 We may vary these Terms (other than the price payable by you for the Coaching/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 Coaching/Programme will be

       deemed to be your acceptance of any new Terms.

 

10.4 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.

 

10.5 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.

 

10.6 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.

 

10.7 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.

10.8 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.

10.9 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.

10.10 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.

 

10.11 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).

10.12 Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.

ANNEX 1

MODEL CANCELLATION FORM

To [Asset Business Consultancy of Suite 2A Blackthorn House, St Pauls Square, Birmingham, B3 1RL (info@assetbusinessconsultancy.co.uk)]

I hereby give notice that I cancel my contract of sale for the supply of the following services:

………………………………………………………………………………………………………………………………………

Ordered on ………………………………………………………………………………………………………

Name of consumer ………………………………………………………………………………………………………

Address of consumer ………………………………………………………………………………………………………

Signature of consumer ………………………………………………………………………………………………………

Date ………………………………………………………………………………………………………