This Agreement (the “Agreement”) is made and entered into on the date of acceptance between Lynda Fussell the provider of services via this website, www.lyndafussell.com, (the “Coach”) of Harrogate, North Yorkshire, HG3 2SU and the purchaser of services (the “Client”) whose details are captured during registration, hereinafter referred to as the “Parties”.
WHEREAS the Client requires the Coach to provide coaching services related to education, consulting, mentoring and/or coaching (the “Programme”) and
WHEREAS the Coach and the Client desire to enter into an agreement which will define respective rights and duties as to the services to be performed.
NOW THEREFORE in consideration of the covenants and agreements contained herein, the Parties hereto agree as follows:
- PROGRAMME:The Parties agree that the Programme is in the nature of coaching and education. The scope of the services rendered by the Coach pursuant to this Agreement shall be solely limited to those contained therein and provided for on the Coach’s documentation. The Coach reserves the right to substitute services equal to or comparable to the Programme for the Client if the need arises.
- START DATE AND DURATION:The Programme will start at a date and be of a duration to be agreed between the Parties, details reflected in any current proposal to this agreement.
- FEE:The Coach shall be reimbursed, for the provision of the Programme, by the Client the sum (the “Fee”), as agreed in the current proposal, prior to the first session, or receipt of preparatory materials.
- REFUNDS: Upon execution of this Agreement, the Client shall be responsible for the full extent of the Fee. If the Client cancels the Programme for any reason whatsoever the Client will receive no refund.
- NO RESALE OF SERVICES PREMITTED:The Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Programme, use of the Programme, or access to the Programme.This Agreement is not transferrable or assignable without the Coach’s prior written consent.
- NO TRANSFER OF INTELLECTUAL PROPERTY:The Coach’s copyrighted and original materials shall be provided to the Client for his/her individual use only and a single-user license. The Client shall not be authorised to use any of the Coach’s intellectual property for the Client’s business purposes. The Client shall not be authorised to share, copy, distribute, or otherwise disseminate any materials received from the Coach electronically or otherwise without the prior written consent of the Coach. All intellectual property, including the Coach’s copyrighted course materials, shall remain the sole property of the Coach. No license to sell or distribute the Coach’s materials is granted or implied.
- LIMITATION OF LIABILITY:By using the Coach’s services and participating in the Programme, the Client releases the Coach from any and all damages that may result from such participation. The Client accepts any and all risks, foreseeable and non-foreseeable, arising from such participation. The Client agrees that the Coach will not be held liable for any damages of any kind resulting or arising from including but not limited to: direct, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Coach’s services or participation in the Programme. The Client agrees that use of the Coach’s services is at the Client’s own risk.
- DISCLAIMER OF GUARANTEE:The Client accepts and agrees that he/she is 100% responsible for his/her progress and results from the Programme. The Client accepts and agrees that he/she is the one vital element to the Programme’s success and that the Coach cannot control the Client. The Coach makes no representations or guarantees verbally or in writing regarding the performance of this Agreement other than those specifically enumerated herein. The Coach and its affiliates disclaim the implied warranties of titles, merchant ability, and fitness for a particular purpose. The Coach makes no guarantee or warranty that the Programme will meet the Client’s requirements or that all clients will achieve the same results.
- PROGRAMME RULES:To the extent that the Client interacts with the Coach’s staff, the Client agrees to at all times behave professionally, courteously, and respectfully. The Client agrees to abide by any Programme rules/regulations presented by the Coach. Failure to abide by the Programme rules shall be cause for termination of this Agreement. In the event of such termination, the Client shall not the entitled to recoup any amounts paid and shall remain responsible for all amounts outstanding of the Fee, if any.
- MEDICAL TREATMENT:The Client agrees to be mindful of his/her own wellbeing during the course and seek medical treatment (including, but not limited to psychotherapy), if needed. The Coach does not provide medical, therapy, counselling or psychotherapy services. The Coach is not responsible for any decisions made by the Client as a result of the Programme and any consequences thereof.
- CONFIDENTIALITY:The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs. The Coach agrees not to disclose, reveal or make use of any Confidential Information learned of through it transactions with the Client, during discussion with the Client, the Client’s participation in the Programme with the Coach or otherwise, without the written consent of the Client. The Coach shall keep the Confidential Information of the Client in the strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
- NON-DISPARAGEMENT:In the event of a dispute between the Parties, the Parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.
- GOVERNING LAW:This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the Parties submit to the exclusive jurisdiction of the courts of England and Wales.
- INDEMNIFICATION:The Client shall defend, indemnify, and hold harmless the Coach from and against any and all liabilities and expense whatsoever including without limitation, claims, damages, judgements, awards, settlements, investigations, costs, legal fees and disbursements which any of them may incur or become obligated to pay arising out of or resulting from this Agreement excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or wilful misconduct by the Coach, or any of its shareholders, trustees, affiliates or successors. The Client shall defend the Coach in any legal actions, regulatory actions, or the like arising from or related to this Agreement.
- CONTROLLING AGREEMENT:in the event of any conflict between the provisions contained in this Agreement and any marketing materials used by the Coach, the provisions in this Agreement shall be controlling.
- ENTIRE AGREEMENT:This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter hereof and superseded all priori and contemporaneous agreements, negotiations and understandings, oral and written. This Agreement may be modified only by an instrument in writing duly executed by both Parties.
- SURVIVABILITY:The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the Parties intend to have survive, shall survive the termination of this Agreement for any reason.
- SEVERABILITY:If any of the provisions contained in this Agreement, or any part of them, is hereinafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provisions or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
- OTHER TERMS:Upon execution of this Agreement the Parties agree that any individual, associate, and/or assign shall be bound by the terms of this Agreement. A facsimile, electronic, or emailed executed copy of this Agreement, with written or electronic signature, shall constitute a legal ad binding instrument with the same effect as an originally signed copy. The terms of this Agreement shall be binding for any further goods/services supplied by the Coach to Client.