PURPOSE OF THE AGREEMENT
This agreement, is made between Katie Bambrick, representing Katie Bambrick Coaching, referred to as "Consultant /Service Provider/Coach." , and yourself, referred to as "Client."
AGREEMENT
- Coaching Services.
By ticking this Agreement, the Parties are agreeing to abide by the terms and conditions of this Agreement as set out below.
Introduction In accordance with the terms and conditions set out within this Agreement the Coach agrees to provide The Services as defined below to the Client in exchange for payment of the Fee (as defined below).
- Terms of Agreement.
2.1 By entering into this Agreement, the Client understands and accepts that they are entering into a Coaching arrangement (the “Programme”) which is to be delivered by way of individual one to one sessions. Coaching is a partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential.
2.2 The Parties agree to engage in a Coaching Programme through video conference call platforms (eg, Zoom) and messaging support (Telegram). The Coach will be available to the Client by messaging/voice note support between scheduled meetings, Mondays through Fridays during business hours (9am-5pm GMT).
2.3 Summary of Coaching Programme and cost:
Total (“the Fee”):
2.4 The Client agrees to make payment of the Fee to the Coach in accordance with the payment terms set out in Schedule 2 of this Agreement
2.5 Where a payment plan has been agreed for payment of the Fee then the details of such plan and the relevant instalments shall be set out in Schedule 2 to this Agreement.
2.6 The Fee is to be paid to the Coach by PayPal, Stripe or bank transfer. Once cleared payment of the Fee (or cleared payment of the first instalment if a payment plan is agreed) is received by the Coach, the Coach shall provide a receipt to the Client and shall confirm the date of the first Session.
- The Sessions
3.1 The Client understands and accepts that it is the Client’s responsibility to schedule the Sessions with the Coach by email or other method of contact as expressly agreed by the Coach.
3.2 In the event the Coach is unable to attend a scheduled Session then the Coach will make all reasonable attempts to provide the Client with as much notice as possible and shall ensure that the Session is rescheduled to a mutually convenient time.
3.3 The Client understands and accepts that it is the Client’s responsibility to attend the Sessions at the agreed time and agrees to provide the Coach with at least 24 hours’ notice of any intention to cancel a scheduled Session. In the event of a cancellation request made in advance of 24 hours then in good faith the Coach will make all reasonable attempts to reschedule that Session to a mutually convenient time.
3.4 The Client accepts that in the event the Client fails to attend a scheduled Session or fails to provide 24 hours’ notice to cancel, then the Client shall forfeit the right to that Session or be billed for non-attendance.
3.5 The Coach reserves the right to make amendments, revisions or changes to the Programme or cancel, amend, change or reschedule any part of the Programme as is reasonably required by the Coach. The Coach shall not be liable to the Client for any changes or cancellations that are made.
- Client’s Obligations
4.1 The Client accepts and acknowledges that entering into this Agreement does not establish any form of legal business relationship and that the Coach is only liable to the Client in respect of the Services provided and to the extent as set out herein.
4.2 The Client accepts and understands that they are solely responsible for making decisions and taking appropriate action as a result of any matters reviewed or discussed during the Programme and that the Coach shall not be liable for the Client’s failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of the Client’s participation in the Programme
4.3 The Client acknowledges that it is their responsibility to attend the Sessions as agreed and during such Sessions to participate fully, and communicate openly and honestly.
4.4 In the event the Client has any concerns as to the Coach’s delivery of the Services or the Client’s participation in the Programme in any way the Client agrees to notify the Coach of such concerns by email as soon as possible. The Coach agrees that upon receipt of notification of such concerns that the Coach will use all reasonable efforts to work with the Client to resolve the Client’s concerns.
4.5 The Clients agrees and understands that participation in the Programme does not guarantee results or success. As part of the Programme the Client will have access to information, resources, people and support all designed to benefit the Client but it is the Client’s responsibility to take action and to implement the necessary information received and/or skills or tools shared.
4.6 The Client agrees that they will not canvass, promote or advertise their products or services to any employee, client or contractor of the Coach or use their participation within the Programme to canvass, promote or advertise their products or services without the Coach’s express consent, such consent not to be unreasonably withheld.
4.7 The Client agrees that for the duration of the Programme and for a period of 24 months afterwards, that the Client will not employ, engage or attempt to induce, employ, solicit or entice away from the Coach any of the Coach’s employees, or contractors that were engaged, employed or contracted to the Coach at any point during the period of the Programme without the Coach’s express consent in writing, such consent not to be unreasonably withheld
- Late Payment
5.1 The Client is responsible for ensuring that Payment of the Fee or any instalment of the Fee is paid in full and on time in accordance with the payment terms set out in Schedule 2 to this Agreement.
5.2 If payment of the Fee or any instalment of the Fee is beyond 7 days overdue, then the Coach shall be entitled to any or all of the following remedies:
5.2.1 to withhold delivery of Services until payment has been made in respect of the outstanding amount;
5.2.2 to apply a fixed sum charge of £50 to the Client’s account;
5.2.3 to apply interest to the Client’s account on a daily basis as from the date payment is due until full payment (including accrued interest) is received by the Coach. Interest will be calculated on the outstanding fee at a rate of 8% over the Bank of England’s base rate from time to time.
5.3 In the event a Client's account is beyond 30 days overdue the Coach shall be entitled to instruct a collection agent or solicitor to seek recovery of the Fee along with interest and any accrued costs incurred.
- Refund Policy
6.1 In the event The Client wishes to end The Service before the end of The Programme, The Client is responsible to pay The Coach 20% of the outstanding cost of The Programme.
- Termination
7.1 This Agreement may be terminated by either party providing written notice in accordance with the terms of this Agreement in the following circumstances: a) either Party commits a material breach, and in the event that it is a breach being capable of remedy, the Party in breach fails to remedy the breach within 14 days of being notified of the breach by the other Party; or b) either Party commits a material breach which is incapable of being remedied;
7.2 The Coach will be entitled to limit the Services or suspend, and/or terminate the Agreement without refund of any Fee, whether paid or remaining due and payable, if the Coach reasonably determines that the Client: a) is becoming disengaged, disruptive or if the Client impairs the participation or progress of the Programme and/or provision of the Services. For the purposes of this Agreement the terms disengaged and disruptive shall be given their ordinary dictionary meaning and examples of such behaviour shall include, but
not be limited to, displaying a lack of interest in the Services, repeatedly requesting
Sessions to be rescheduled without reasonable justification or reason, failing to positively contribute to discussions during Sessions or other contact, repeatedly ignoring or failing to respond to emails or other messages, communicating in a way which is abusive or intended to cause offence; and/or b) is failing to follow or abide by any of the terms set out within this Agreement or any other terms or guidelines as may be agreed whether such action constitutes a material breach or not.
- Confidential Information.
8.1 The consultant agrees that any information received by the consultant during any furtherance of the consultant's obligations in accordance with this contract, which concerns the personal, financial or other affairs of the company will be treated by the consultant in full confidence and will not be revealed to any other persons, firms or organisations.