The Success EmbodimentTM Experience with Hollie Louise Ellis.
THIS AGREEMENT is made on the date you sign up to this experience.
PARTIES
Hollie Louise Ellis of 14 Lupin Close, Newcastle Upon Tyne, NE5 1UR trading as HE Brand Strategy & Design Ltd.
and you (the client who signed up to The Success Embodiment Experience).
These terms and conditions set out the legal terms that will govern my relationship with you and apply to the coaching services I provide.
The intention is that it will bring clarity to our relationship and take care of the business side of things so we can get on with the empowering and exciting part!
Please let me know if there are any clauses that you do not understand or that contradict your understanding of my services.
BACKGROUND
I provide mindset coaching and business mentoring for ambitious and aspiring business owners and you and I wish to enter this agreement to set out the terms and conditions that will apply in respect of the coaching to be provided by me to you.
This agreement sets out:
- your legal rights and responsibilities
- my legal rights and responsibilities, and
- certain key information required by law
If you would like to speak to me about any aspect of this contract, please contact me by:
e-mail: hollie@hollie-ellis.co.uk
1. Introduction
If you buy coaching services from me (any reference to ‘services’ in this agreement is to coaching services) you agree to be legally bound by this contract, including the details of the coaching programme which are set out in the services description at the end or any coaching programme or additional services which may be set out in a services description agreed between us in the future (“services description”).
2. Information I give you
2.1. Certain sections of this contract only apply to you and me if you are a ‘consumer’, that is if you are an individual acting for purposes which are wholly or mainly outside your business, craft or profession. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that if you are a consumer I must give you certain key information before a legally binding contract between you and me is made (see the summary box below). I shall give you this information in a clear and understandable way either in the main body of this contract together with the services description at the end or in any services description agreed between us in the future.
Information I shall give you
| I shall give you information on:the main characteristics of the services you want to buywho I am, where I am based and how you can contact methe price of the servicesthe arrangements for payment, carrying out the services and the time by which I shall carry out the serviceshow to exercise your right to cancel the contractmy complaint handling policy |
3. Ordering services from me
3.1. Below, I set out how a legally binding contract between you and me is made:
3.1.1. Any quotation given by me before you make an order for services is not a binding offer by me to supply such services. Any prices set out in a quotation remain valid for 30 days.
3.1.2. When you decide to place an order for services with me, this is when you offer to buy such services from me.
3.1.3. I may contact you to say that I do not accept your order, for example if I do not think my services are right for you or there has been a mistake in the pricing or description of the services, or my circumstances have changed since I gave you the quotation for the services.
3.1.4. I shall only accept your order when I confirm this to you by sending you a confirmation email. At this point:
- this legally binding contract will be in place between you and me, and
- I shall start to carry out the services as set out in the relevant services description.
4. Carrying out the services
4.1. If you are a consumer, you have protection under consumer rights legislation, including that the services must be carried out with reasonable care and skill.
4.2. I shall carry out the services within the time period which is set out in the relevant services description.
4.3. All coaching sessions (including rearranged sessions) must be taken within the programme timeframe specified in the relevant services description or they will expire.
4.4. Unless we agree otherwise you can rearrange any two coaching sessions during a programme providing you give me at least 48 hours’ notice. If you give me less than 48 hours’ notice or have already rearranged 2 sessions in a coaching programme, you will be deemed to have taken the session and you will not be able to reschedule it or entitled to any compensation for missing it.
4.5. Sessions usually take place remotely via the means of communication agreed with you in advance (usually zoom).
4.6. My services might be affected by events beyond my reasonable control. If so, there might be a delay before I can restart the services. I shall make reasonable efforts to limit the effect of any of those events, I shall keep you informed of the circumstances and I shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond my reasonable control include if you change the services you require from me and I have to do extra preparation.
5. Your responsibilities
5.1. You will pay the price for the services in accordance with the relevant services description below.
5.2. You will provide me with such information and assistance (and ensure that any information is complete and accurate) as I reasonably need to provide the services.
5.3. Coaching is not therapy or counselling. It may involve all areas of your life. You acknowledge that deciding how to handle any issues which may arise, the choices you make in relation to them and following through on any agreed action is exclusively your responsibility. For this reason, although I fully expect great things to happen, I cannot guarantee any specific outcomes or that all clients will achieve the same results.
5.4. My role is to offer you guidance and accountability and help you make positive lifestyle and business changes in order to make progress towards your goals. The information I provide to you is not medical advice and is not intended to take the place of seeing licensed health professionals.
5.5. Coaching does not treat mental disorders and is not a substitute for counselling, psychotherapy, psychoanalysis, mental health care or medical treatment of any kind. By entering into this agreement you confirm that you will not use it in place of any form of therapy.
5.6. If you are currently receiving treatment from a doctor or any other healthcare professional, by entering into this agreement you confirm that you have consulted with this person/s regarding the advisability of working with a coach and that this person is aware of and supports your decision to proceed with the coaching programme described in the relevant services description below.
5.7. You will keep me informed of any changes to your medical health or personal circumstances.
6. Charges and payment
6.1. The price for the services is what you paid at the time of signing up.
6.2. All fees are non-refundable except for:
6.2.1. If you are a consumer you have a right to a ‘cooling off’ period, as described below;
6.2.2. Where I cancel a programme other than under 12.3 below, you are entitled to a partial refund for sessions which you have paid for in advance and which you have not received.
6.3. Payment is via stripe or Paypal.
6.4 Usually I require payment in full in advance for my programmes but in certain circumstances I may offer a payment plan where you can pay monthly in advance. The relevant services description will state if I have offered a payment plan. If I offer a payment plan and you fail to make any of the payments on the due date then I reserve the right to invoice you immediately for the whole of the outstanding balance of the programme fee and payment for that invoice will be due by return.
6.5. If your full payment is not received by me under clause 6.2, or any payments due under 6.4 are not paid on the due date, all coaching sessions will cease until full payment is made and I may also charge interest on any balance outstanding at the rate of 4 percentage a year above Lloyds TSB Bank PLC’s base rate.
7. Cooling off period for Consumers
7.1. This whole section only applies to you if you are a consumer.
7.2. You have the right to cancel this contract within 14 days of signing up without giving any reason.
7.3. The cancellation period will expire after 14 days of the date of the contract.
7.4. However, if you confirm to me you wish me to start to provide the services during the 14 day cancellation period then you lose your right to cancel.
7.5. Following confirmation from you under 7.4, if you start a programme during the cancellation period and subsequently decide that you do not wish to proceed with the sessions, I am not able to refund to you any of the payments you have made as payment is for the programme as a whole, not individual sessions. Furthermore, in these circumstances, if I have offered a payment plan, clause 6.4 will apply and I shall send you an invoice for the whole of the outstanding balance. This is a reflection of the amount of preparation I need to put into the programme to make it most effective for you and the amount of time I shall dedicate and set aside for preparing for and attending our sessions together. This policy and agreement also helps you with your own accountability and commitment to improving your life and your business through the services.
8. Effects of cancellation in the Cooling off Period by Consumers
8.1. This whole section only applies if you are a consumer.
8.2. If you cancel this contract in accordance with the cooling off period in clause 7.2, I shall reimburse to you all payments received from you except where I am allowed to keep such payments for example where I have started carrying out the services within the 14–day cancellation period.
8.3. I shall make the reimbursement promptly and using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise.
9. Intellectual property
If I provide you with any materials during the services, whether digital or printed, any intellectual property in those materials belongs to me and unless we agree otherwise you can only use those materials for your own personal use. You may not share them with any third parties or anyone else within your team.
10. How I may use your personal information
10.1. I shall use the personal information you give to me to:
10.1.1. provide the services;
10.1.2. process your payment for the services; and
10.1.3 inform you about any similar products and services that I provide, though you may stop receiving this information at any time by contacting me.
10.2. All information shared by you will be kept strictly confidential, except when releasing such information is required by law.
10.3. I shall not give your personal information to any third party unless you agree to it.
11. Resolving problems
11.1. In the unlikely event that there is a problem with the services, please contact me as soon as possible and give me a reasonable opportunity to sort out any problems with you to reach a positive outcome.
11.2. I may at my option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services.
11.3. If you are a consumer, nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
12. End of the contract
12.1. If a services description specifies a length of time for services to be provided, then subject to clause 12.3 below, the services will terminate at the end of that timeframe.
12.2. If I provide services to you on an ongoing basis and the relevant services description does not specify a timeframe then either you or I may terminate those services by one month’s written notice to each other.
12.3. Either you or I may terminate the services and this agreement immediately if:
12.3.1. the other party commits any material breach of the terms of this agreement or a services description and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. The written request must expressly refer to this clause and state that the services or this agreement will be terminated if the breach is not resolved; or
12.3.2. the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.
12.4. If this contract is ended it will not affect my right to receive any money which you owe to me under this contract.
13. Limit on my responsibility to you
13.1. Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury), I am not legally responsible for any:
13.1.1. losses that:
- were not foreseeable to you and me when the contract was formed
- were not caused by any breach of these terms on my part
13.1.2. business losses, including loss of business, loss of profits, loss of management time and loss of business opportunity.
13.2. My total liability to you is limited to the amount of fees paid by you for the services.
14. Disputes
14.1. I shall try to resolve any disputes with you quickly and efficiently.
14.2. If you and I cannot resolve a dispute using our internal complaint handling procedure and either of us want to take court proceedings, the relevant courts of England and Wales have exclusive jurisdiction in relation to this contract.
14.3 The laws of England and Wales will apply to this contract.
15. Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.
*** Services Description ***
Coaching one to many.
Description:
75 days of Mindset Coaching via a Telegram channel.
Fees:
£44 in total (special intro price) which goes up to £88 on Friday 10th June 2024.
Payment Method:
Instant via stripe or paypal.
Timetable:
The experience starts on Monday 10th June 2024 and finishes Friday 23rd August.