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1. TERMS OF ENGAGEMENT

  1. You are engaging me as a online coach to provide coaching services (Services) to you on the terms of this agreement.

  2. This agreement between us will commence on the date you sign it and will continue until the end of the coaching package.

2. SESSIONS

  1. Each Skype/FaceTime consultation appointment at which the Services are provided (Session) will last for the time specified in the online coaching page on the website and will take place over Skype or FaceTime.

  2. I require 24 hours’ notice excluding weekends if you wish to rearrange a session.  Sessions rearranged with less notice than this will be forfeited from the Programme. In case of a short notice emergency please email myself info@cambridgebarreworkout.co.uk

  3. Clients are required to submit their pre questionnaire no later than 24 hours before the Session.

  4. REFUND POLICY: Upon execution of this agreement, you shall be responsible for the full extent of the Fee, each month. If you cancel attendance or wish to cancel half way through the month, you will receive no refund.

  5. RESCHEDULING POLICY: Either party may rearrange a Session at least 4 hours prior to the start of the Session, to be rescheduled at a mutually convenient date. If rescheduling a Session on your side takes you beyond the specified term as stated above, you will forfeit a session.

  6. CONDUCT OF CLIENT

    1. I will ask you to complete a welcome questionnaire in advance of our first Session and you will provide true, complete and accurate answers to the questions. Providing this information is essential to the success of the online coaching.

    2. Please advise me, with as much notice as possible, when you have holiday planned or need to change a Session. 

3. DUTIES OF COACH

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

  2. You have email access to me for support & short answers to your questions.

  3. If you are currently receiving treatment from a doctor or other healthcare professional, by entering into this agreement you confirm that you have consulted with this person regarding the advisability of working with a coach and that this person is aware of and supports your decision to proceed with the Programme.

  4. You will keep me informed of any changes to your medical health or personal circumstances.

  5. If for any reason I am unable to provide the Services at the agreed time, I will provide you with as much notice as possible and we shall reschedule the Session for a time mutually agreed.

  6. I may need to reschedule Sessions according to travel schedule/commitments and whilst every effort will be made to accommodate you at your preferred time, please note this may not always be possible. Advance notice will be provided in this instance and your Session rescheduled.

4. FEES

  1. Payment will be taken on the same day, Monthly using PayPal. PayPal holds all card and personal details, I do not have access to these details.

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

  3. Suspend all Services until payment has been made in full.

  4. All sums payable under this agreement shall become due immediately on termination of this agreement, despite any other provision.

5. CONFIDENTIAL INFORMATION

  1. I acknowledge that in the course of providing the Services I will have access to Confidential Information.

  2. 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:

    1. any use or disclosure authorised by you or required by law;

    2. 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

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

6. DATA PROTECTION & INTELLECTUAL PROPERTY

  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.

  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 Sessions and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other person.

  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 Sessions.

  4. I grant to you a limited, non-exclusive, non-transferable, non-sub licensee revocable licence to use all or any of the content or material used in the Sessions for private personal use, and for the purpose for which the Sessions were provided only.

  5. You may not without my prior written consent make any audio or visual recordings of all or any part of our Sessions. You hereby consent to recordings being made of the Programme and any Sessions by me, and these will be provided to you for your own personal use on request.

  6. NON DISPARAGEMENT: In the event of a dispute between us both, we both agree that they neither of us will engage in any conduct or communications, public or private, designed to disparage the other.

7. TERMINATION

  1. Either you or I may terminate this agreement immediately if: 

(i) the other party commits any material breach of the terms of this agreement 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 this agreement will be terminated if the breach is not resolved; or(ii) the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.

  1. On or before the date of termination of this agreement, you shall immediately pay any unpaid Fees or other sums payable under this agreement.

  2. 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 agreement, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination.

8. STATUS
 

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

9. LIABILITY

  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 be legally excluded or limited.

  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 or 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 this agreement and me providing the Services.

  3. My 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 this agreement shall in all circumstances be limited to the total price paid by you for the Sessions.

  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 liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

  5. The provisions of this clause 9 shall survive termination of this agreement.

10, FORCE MAJEURE
 

I shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond my reasonable control.

12. VARIATION
 

No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of us.

13. COUNTERPARTS
 

This agreement may be executed in any number of counterparts, each of which, when executed, shall be an original, and all the counterparts together shall constitute one and the same instrument.

14. THIRD PARTY RIGHTS
 

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

  2. The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any person that is not a party to this agreement.

15. GOVERNING LAW & JURISDICTION

  1. This agreement 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.

  2. The parties 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 this agreement or its subject matter or formation (including non-contractual disputes or claims).

16. INTERPRETATION

  1. The definitions and rules of interpretation in this clause apply in this agreement (unless the context requires otherwise).

    1. Confidential Information: information in whatever form relating to you and your affairs that are confidential to you including (but not limited to): (i) information that I obtain in connection with the provision of the Services and (ii) the fact that I am providing the Services to you.

    2. Intellectual Property Rights : any and all copyright, know-how, trade secrets, trade marks and trade names, service marks, design rights, rights in get-up, database rights and rights in data, rights in software, the right to sue for passing off, domain names and all similar rights and, in each case whether registered or not, including any applications to protect or register such rights, whether vested, contingent or future and wherever existing.

    3. Pre-Contractual Statement: any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the provision of the Services other than as expressly set out in this agreement.

  2. A reference to a law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

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

  4. Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.


1. APPLICATION OF THESE TERMS

  1. These terms and conditions (“Terms”) apply to Cambridge Barre Workout, 65 Summershill Drive, Cambridge, CB23 3AB

  2. The agreement for you to participate in a particular programme is made when we email our acceptance of your offer to participate in the Programme and is governed by these Terms and continues until it ends in accordance with these Terms. Where you are a corporate entity, “you” in these Terms includes your officers and employees and you warrant that your officers and employees will comply fully with these Terms.

2. THE COACHING PROGRAMME

  1. Project scope: Our aim is to respond accurately and support to the development and achievement of your personal objectives within the Programme you have picked to join. However, successful outcomes will require commitment from you. We cannot guarantee results, although we can assure you of our commitment to successful completion of our coaching relationship.

  2. You must be aged 18 or over to participate in the Programme.

  3. All our Programmes are subject to availability, offered for purposes of guidance and assistance, and given at our discretion and convenience. We reserve the right to refuse access to the Programme at our sole discretion.