Terms & Conditions
A legal disclaimer
The explanations and information provided on this page are only general and high-level explanations and information on how to write your own document of Terms & Conditions. You should not rely on this article as legal advice or as recommendations regarding what you should actually do, because we cannot know in advance what are the specific terms you wish to establish between your business and your customers and visitors. We recommend that you seek legal advice to help you understand and to assist you in the creation of your own Terms & Conditions.
Terms & Conditions - the basics
Having said that, Terms and Conditions (“T&C”) are a set of legally binding terms defined by you, as the owner of this website. The T&C set forth the legal boundaries governing the activities of the website visitors, or your customers, while they visit or engage with this website. The T&C are meant to establish the legal relationship between the site visitors and you as the website owner.
T&C should be defined according to the specific needs and nature of each website. For example, a website offering products to customers in e-commerce transactions requires T&C that are different from the T&C of a website only providing information (like a blog, a landing page, and so on).
T&C provide you as the website owner the ability to protect yourself from potential legal exposure, but this may differ from jurisdiction to jurisdiction, so make sure to receive local legal advice if you are trying to protect yourself from legal exposure.
Coaching Terms and Condition
Sessions – sessions may be carried out in person over the phone or web at mutually agreed places and times during the period.
Duration of sessions - A Session will take place approximately 60 – 90 minutes throughout the Period or at such other times as is agreed during the Period. The client must be on time for all Sessions, whether these take place using the phone, web or in person.
Session Times - Times for Coaching Sessions may only be changed by the client if the client gives the coach no less than 24 hours’ notice. If the client cancels more than 3 Sessions during the Period then the coach may terminate this Agreement on notice to the client (and the provisions below relating to termination shall apply). A Coaching Session may be deemed to have taken place if less than 24 hours' notice is given. If the coach cancels a Session then the Session will be rescheduled at an agreed time.
Engagement of Coach – the coach shall arrange to provide the Coaching to the client during the Period at mutually agreed times and places. The coach shall use their best endeavours to make themself available for the entire Period. The coach may at their discretion arrange for a substitute duly qualified coach to replace them for all or any of the Sessions if the coach is unavailable for all or part of the period, and such coach shall thereafter be deemed to be the coach for the purposes of this agreement.
Payment for Coaching - Payment for the Coaching shall be by way of direct electronic deposit unless otherwise agreed.
Preparation for Sessions – The client must perform all actions forming part of the Coaching Sessions and also carry out any act matter or thing in preparation for future Sessions as determined by the coach. The client must advise the coach as soon as the client becomes aware that these actions will not or cannot be performed. If the client refuses to carry out such actions then this agreement shall be terminable by the coach (and the provisions below relating to termination shall apply).
Coaching Methods – The client acknowledges that the Coaching Sessions may be personally, emotionally and physically challenging and that there may be occasions on which the client will feel emotional challenges – including but not limited to frustration, annoyance or stress. The client must make all efforts and schedule all Sessions at such times to ensure their peak physical, mental and emotional state and condition necessary for the conduct of the Session and shall (if necessary) take all steps to cancel or postpone any Session in the event that the client is not well enough to continue. The client will not hold the coach liable for any loss or cost incurred by the client (or any person related to the client) in the event of mental, physical, or emotional stress or distress (or other ailment or condition) caused either directly or indirectly in relation to the Coaching Sessions. The client shall indemnify the coach in the event of any such claim.
No Warranties Given – the coach makes no representation or warranty to the client that any of the Coaching methods or the Sessions will work for the client’s particular circumstances. The client will not hold the coach responsible for the failure (in whole or part) to achieve any of their goals.
Intellectual Property Rights – The client has no right to use or reproduce any of the processes, techniques, presentations, methodologies, precedents and materials used by the coach in the Coaching activities ("Materials"). The client must not at any time use or reproduce the Materials in any manner, shape or form (except for the client’s own personal use) and shall ensure that none of the client's employees, agents or any related bodies corporate use or reproduce the Materials in any manner, shape or form. The client shall indemnify and keep the coach indemnified in respect of any loss or damage caused or sustained by the coach in the event of the client’s breach of this paragraph.
Confidential Material - As part of the Coaching the coach may need to obtain personal details or confidential material relating to the client’s personally. The coach shall use reasonable endeavours to ensure that such material shall not be disclosed to any third party without the client’s consent.
Coach is an Independent Contractor – The client acknowledges that the coach has been engaged by the client solely as an independent contractor. The coach acts at all times as an independent contractor and has no authority to bind or represent any other party in any way. The client shall not hold any party liable for any act, matter or thing done or to be done by the coach in the course of the Coaching or the Sessions.
Termination of Agreement – The coach may terminate this Agreement before the end of the Period on written notice to the client if:
i) The client fails to perform or observe any of the terms of this Agreement and failed to remedy such breach within 5 business days of a notice from the coach to remedy that failure;
ii) The client fails to perform any term of this Agreement which is incapable of remedy;
iii) an insolvency event occurs in relation to the client (for instance, the client becomes bankrupt or some arrangement or court order is made or proposed in relation to all or any of your assets); or
iv) Any payment drawn or endorsed by the client for the purposes of this Agreement has been dishonoured and the client fail to honour such payment within 5 working days of a notice from me to honour the said payment.
The client may terminate this Agreement if the matters raised in paragraphs (i) and (ii) are applicable to the coach. Either the coach or the client may terminate the Agreement by mutual agreement.
Procedure on Termination – If the agreement is validly terminated prior to the end of the Period then the client must immediately pay the coach the balance (if any) of the fee for the unexpired period of Coaching, together with any other monies owed by the client under this agreement. Upon termination the coach shall immediately cease to be liable to the client in respect of the Coaching and the Sessions.
Interest for late payment of monies - If the client fails to pay the amounts owing under the procedure on termination then the client shall in addition pay the coach interest at a rate of 10% per month on all monies outstanding, calculated on and from the date on which the monies were due to me. Such monies together with interest owing shall be a debt due from the client to the coach.
