Your Coaching Agreement
I am so happy that you have decided to sign up for my services and I look forward to our journey together.
This contract sets out the legal terms that will govern my relationship with you and apply to the services I provide. The intention is that it will bring clarity to our relationship and protect both of us so please do let me know using the contact details below if there are any clauses that you do not understand or that contradict your understanding of my services.
You have confirmed that you wish to appoint me to provide you with services involving education, coaching and personal development. You acknowledge and confirm that such services are provided to you as an individual for purposes associated with your business or professional life.] I am writing to confirm the terms on which such services will be provided. References in this letter to “you” and “your” refer to {{*fullname1_es_signer}}; references to “I”, “me” and “my” refer to Katharine Dever.
1. The Services
1.1 Subject to the terms of this letter I shall provide you with the services agreed in correspondence between us or in the programme or course description I have provided to you or as set out on the sales page or webpage for the programme or course and any further services agreed between us in writing from time to time (together the “Services”) in return for payment provided.
1.2 Any dates and times specified in above or otherwise agreed between us are subject to variation at my discretion and time shall not be of the essence in the performance of the Services. My provision of the Services is subject to:
1.2.1 Your timely payment of all Charges and Expenses due; and
1.2.2 Your fulfillment of the duties and provision of the information as set out in Schedule 1 Part 2 and otherwise reasonably required by me from time to time (together the “Client Duties”), which you undertake to do promptly and in such manner as I may reasonably direct.
2. Charges and Expenses
2.1 My charges for the Services are payable in advance (or in any case where payment is due in advance of a particular Service, immediately on receipt of my invoice).
2.2 My invoices shall be issued and are payable in advance.
2.3 No refunds
2.3.1. Any fees you pay are non-refundable except if I cancel a programme (other than under clause 8 below) you are entitled to a partial refund for sessions which you have paid for in advance and which you have not received.
2.3.2 In all other circumstances I am not able to refund to you any of the payments you have made, and where relevant you remain liable to pay me the whole amount for the services you signed up for, even where you do not complete your attendance. Your commitment is for the programme, course or other services as a whole, not individual sessions.
2.3.3 This policy is a reflection of the time and other investment I put into the services to make them most effective for you and it also helps you with your own accountability and commitment to improving your business and life through my services. Both you and I need to be fully committed to this process in order to get the best results. This is where the magic happens!
2.3.4 In line with my clear no-refund policy, in the the event that a chargeback from your credit or debit card company is placed on your purchase I reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as non-payment on your account which could have a negative impact on your credit rating.
2.4 You undertake promptly:
2.4.1 To meet any third party expenses referred to in or agreed between us in writing from time to time; and
2.4.2 To reimburse any further expenses (including applicable VAT) reasonably incurred by me in relation to the Services
2.5 All payments of Charges and Expenses shall be made in cleared funds into the bank account notified by me from time to time.
3. Protection of the Services
3.1 You agree not to reproduce, copy, sell, trade, resell or exploit for any commercial purpose any aspect of the Services or any associated materials.
3.2 You acknowledge and confirm that all intellectual property and other proprietary rights in materials provided in connection with the Services, including without limitation copyright and any rights in designs, are owned by me or my licensors and that you shall not acquire any rights in such materials, use them for any commercial purpose or carry out any action inconsistent with such ownership.
3.3 Should you become aware of any actual or threatened infringement by any person of the intellectual property and proprietary rights referred to in clause 3.2, you undertake to inform me at once in writing.
4. Confidentiality and Non-Disparagement
4.1 Each of us shall keep confidential all sensitive information relating to the other and their business (which in my case includes materials provided in connection with the Services) and not use such information for any purpose other than that for which it was provided.
4.2 Where you participate in any group sessions, you agree to keep strictly confidential any information shared by participants in those group sessions and not to share it with any third parties. You will not use the confidential information of any participant of a group session for your own benefit except with the explicit consent of that participant.
4.3 This clause 4 shall not apply to the extent that any information is required to be disclosed by law or by any court or public body having binding authority to require such disclosure.
4.4 We each agree not to engage in any conduct or communications, public or private, intended or likely to disparage the other or damage their interests.
5. Client Conduct
5.1 You undertake to behave professionally, courteously and respectfully in all dealings with me, any person(s) acting on my behalf and any other clients or other third parties to whom you may be introduced in connection with the Services, to adhere to any programme rules which I may provide from time to time and not to carry out any action intended or likely to bring me or the Services into disrepute.
6. Disclaimers
6.1 You acknowledge that the Services involve coaching, education and personal development, that their effect depends on your own level of engagement and commitment and that although I expect great results from our time together, no specific results can therefore be guaranteed by me. I accept no responsibility for any decisions made by you as a result of the Services.
6.2 My obligations are limited to providing the Services as expressly described in this letter and no further warranties, representations or assurances are given by me save to the extent that these are implied by and cannot be excluded under law.
6.3 You acknowledge that Katharine Dever is not qualified medically or as a psychologist or therapist and that the Services are not intended to be medical or therapeutic services. You confirm that you are mindful of your own wellbeing and are wholly responsible for taking any medical or therapeutic advice or treatment which is or may be to your benefit, without guidance or involvement on my part.
7. Liability and Indemnity
7.1 My liability to you in connection with the Services (including without limitation as a result of any breach of this letter or negligence) shall be limited to the level of the Charges actually paid by you to me under this letter.
7.2 I do not accept any liability whatsoever for:
7.2.1 Any consequential or indirect losses, loss of profit, business, goodwill and/or anticipated savings;
7.2.2 Any failure or delay in performing the Services to the extent arising from any matter beyond my reasonable control.
7.3 You undertake to indemnify me and any person(s) acting on my behalf in connection with the Services for any and all losses, costs, claims or demands suffered by me or them arising as a result of your acts or omissions.
7.4 The limitations of liability in this clause 7 apply to Katharine Dever and all person(s) acting on the company’s behalf including without limitation Katherine Dever personally. However nothing in this letter shall limit the liability of any person in respect of any matter for which it is not possible to limit liability at law.
8. Termination
8.1 Katharine Dever may terminate this letter immediately by giving the other party notice in writing where the other party:
8.1.1 Materially breaches any provision of this letter and fails to remedy the breach within 7 days of the first party serving written notice referring to this clause 8.1, specifying the breach and requiring it to be remedied (and any failure to pay Charges or Expenses when due is deemed a material breach); or
8.1.2 Is adjudicated bankrupt or seeks to negotiate or is party to any voluntary arrangement or composition with creditors; or
8.1.3 Is admitted to hospital pursuant to any mental health legislation, or is subject to any order of a court having jurisdiction (in the UK or elsewhere) in matters concerning mental disorder, for detention or for the appointment of a person to exercise powers regarding its property or affairs.
8.2 This letter terminates automatically on your or Katharine Dever’s death.
9. Photos and Recordings
9.1 You consent to photos and audio and/or audio-visual recordings being taken in the course of the Services and to such photos and recordings (and your name, voice and likeness) being used by me for the purpose of any lecture, teaching, coaching and marketing materials used, or other goods and services offered, by me in the future, without any entitlement to compensation arising for you.
10. General
10.1 Notices served under this letter shall be in writing and sent by first class mail or by hand to such other address as the relevant party may notify in writing in accordance with this clause 10.1. Notices shall be deemed served at 9.00am on the first Working Day following delivery by hand or the second working day following delivery by first class mail, a “Working Day” being any day on which UK banks are open for business.
10.2 You may not assign any of your rights or sub-contract or otherwise delegate any of your obligations under this letter except with my prior written consent. I may assign my rights and delegate my obligations in my absolute discretion.
10.3 Failure or delay by either party to insist upon strict performance of any provision of this letter or to exercise any right shall not be construed as a waiver of any breach or right.
10.4 If any provision of this letter is held by any court or other competent authority to be void or unenforceable in whole or part, this letter shall continue to be valid as to its other provisions and the remainder of the affected provision.
10.5 Nothing in this letter shall create, or be deemed to create, a partnership or the relationship of principal/agent or employer/employee between the parties.
10.6 For the purpose of section 1(2) of the Contracts (Rights of Third Parties) Act 1999 the parties state that they do not intend any term of this letter to be enforced by any third parties, save that (i) clause 7 may be enforced by the persons acting on behalf of Katharine Dever on the basis referred to within it, including without limitation Katharine Dever personally, and (ii) any third party right which exists or is available independently of that Act is preserved.
10.7 This letter constitutes the parties’ entire agreement and supersedes all prior arrangements and understandings relating to its subject matter and may not be varied except by a written instrument executed by both parties.
10.8 Headings are for convenience only and shall not be used to aid interpretation.
10.9 References to “written” and “in writing” include email unless otherwise indicated. References to a “person” include both individuals and incorporated legal entities.
10.10 You acknowledge that, in entering into this letter, you do not do so on the basis of, and do not rely on, any representation, warranty or other provision except as expressly provided in this letter, and all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.
10.11 This letter and any non-contractual claims or disputes shall be governed by and construed in all respects in accordance with English law, and each party hereby submits to the exclusive jurisdiction of the English courts.
10.12 All calls must be taken as scheduled. Katharine Dever retains the right to move calls and the other party must give 24 hours notice. Missed calls will be deducted from your call log. It is the client’s responsibility to ensure they are on time for their calls. Calls will end at the scheduled time.
11. Charges and Payment
11.1 Where I perform any Services not included within Schedule 1 Part 1, any additional charges agreed between us in that respect shall be due at the times agreed (which shall, in the absence of specific agreement, be deemed to be immediately after performance).
12. Expenses
12.1 Client is responsible for own Travel, accommodation and phone expenses incurred whilst part of this program.
Declaration
Please sign where indicated below to confirm your agreement to the above.
I confirm my agreement to the above terms.
Name (print):
Name (sign):