Terms &Conditions

Definitions


In this Agreement, the following words shall have the following meanings:


“Coach” means Jackie Cox, Jackie Cox Sleep Consultant, 29a Senga Road, Wallington,
London, SM67BG
“ Confidential Information ” means all of your personal information, details and data of any
kind including information of which the Coach shall have gained knowledge in the course of or
in connection with the performance of this agreement
“ Fees ” means the fees charged under Clause 4.
“ Services ” means the provision by the Coach to you of coaching advice as selected on the
confirmation form and more particularly described in the Appendix at the end of these terms
and/or such other services as may be agreed from time to time by the parties.
“ Term ” means the period in which this agreement continues in force as specified in Clause 3
(term)


2. Appointment of Coach


You hereby engage the Coach to supply the Services during the Term and the Coach hereby
accepts such engagement upon these terms and conditions. Your entitlement to take part in
any coaching sessions, consultations or workshops will only arise when the Coach has
dispatched the order confirmation and received full payment of all sums due in respect of the
coaching, consulting or workshop(s) unless other payment arrangements have been agreed
in writing with you.


3. Term


Your coaching will start on the date stated on the order confirmation and shall continue for the
period agreed on the order confirmation and any agreed extension of such period.


4. Fees


You agree to pay to the Coach the Fees set out on the order confirmation before the consultation,
coaching session or workshop starts. If you fail to make any payment in full on the due date
under this agreement, you may be asked to pay interest on the outstanding amount to the
Coach. Such interest shall accrue at the rate of 3% above the base lending rate of the Bank
of England from time to time and accrue on a daily basis from the due date until the date of
payment, whether before or after judgement.


5. Coach’s obligations


The Coach will provide the Services in accordance with the Coaching Rules and Guidelines
attached. However, the Coach may make alterations to the content of the coaching
programmes/workshops and the fee structure and reserves the right to do so by giving you
reasonable notice in writing at any time without liability.


6. Your obligations


You agree to abide by the Coaching Rules and Guidelines attached.


7. Confidentiality and data protection

 

7.1. The Coach shall not itself disclose to any person, firm or company any of the information
disclosed by you during the sessions (“Confidential Information”) (save to employees of the
Coach whose duties require such disclosure to be made) and the Coach shall not use any of
the Confidential Information for its own purposes nor for any purposes other than the provision
of the Services PROVIDED THAT the Coach may disclose Confidential Information to the
extent specifically authorised by you.


7.2. The restrictions contained in Clause 7.1 shall cease to apply to any information or
knowledge to the extent that
7.2.1. it comes within the public domain other than through breach of Clause 7.1 or
7.2.2. is required or requested to be divulged by any court, tribunal or governmental authority
with competent jurisdiction; or
7.2.3. if required by law or the Coach in its absolute discretion believes that someone may
be harmed.
7.3. Any personal data that the Coach collects from you will be kept secure and the Coach
will fully comply with all applicable UK Data Protection and consumer legislation from time to
time in place.


8. Intellectual property


The copyright in any course materials or systems which are used or provided by the
Coach in connection with the Services shall remain vested in the Coach or the licence owner.
You may use such documents or systems only for purposes directly related to the Services
and shall not make copies of such documents, nor use the same for any purpose not directly
related to the Services without the prior written approval of the Coach.


9. Liability


9.1. The Coach shall exercise reasonable skill, care and diligence in the discharge of its
obligations under this agreement, but its liability for omissions and errors in the Services
arising from the default of the Coach shall be limited to a maximum aggregate liability equal to
the Booking Fee payable by you.


9.2. Nothing in this agreement shall exclude or in any way limit the Coach’s liability to you for
fraud, death or personal injury caused by its negligence or any liability which may not be
excluded or limited as a matter of law.

9.3. The Coach gives no guarantee that by attending and/or completing the coaching with the
Coach that you will experience success in any business or activity that you may carry on
following the coaching.


9.4. The Coach is not responsible for indirect losses which happen as a side effect of the
main loss or damage, including but not limited to loss of income or revenue, loss of business,
loss of profits, contracts or potential contracts or loss of anticipated savings.


9.5. The Coach is not liable for additional costs due to changes in workshops, courses,
content, venues or trainers. Every effort will be made to provide reasonable notice where
possible.


10. Consultations and handouts or workshop materials


10.1. Any handouts or workshop materials that the Coach sends to you following dispatch of the
order confirmation will be at your risk from the time of delivery. Ownership of any course
materials will only pass to you when the Coach receives full payment of all sums due in
respect of the service/s purchased.


10.2. E-books and videos: Due to the digital nature of the e-books and videos, no automatic right
of refund or cancellation exists after an e-book or video has been purchased by you in
accordance with Regulation 13 of the Consumer Protection (Distance Selling) Regulations
2000.This does not affect your statutory rights.


11. Termination and cancellation of sessions


11.1. The Coach may terminate this agreement immediately by notice in writing to you, if you
repeatedly fail to follow the Coaching Rules and Guidelines or fail to pay. In which case the
Coach shall be entitled to receive the Fees to the end of the effective date on which
termination occurs.


11.2. If you enter into this agreement over the telephone or on line, then in accordance with the
Distance Selling Regulations you have the right to change your mind and cancel the
agreement (known as your “Cooling-Off Rights”). In order to do so, you must notify the
Coach in writing within 7 days of receiving the order confirmation or within 7 days of receipt
of the course materials (whichever occurs first) and the Coach will refund your Fees within
30 days. If applicable, you must also return all course materials immediately, in the same
condition in which you received them, and at your own cost and risk. You have a legal
obligation to take reasonable care of the course materials while they are in your possession.
If you fail to comply with this obligation, the Coach may have a right of action against you for
compensation If you wish to receive coaching immediately, you agree to waive your
Cooling-Off Rights.

11.3. In all other cases, cancellation and rearrangement of sessions is in accordance with the
Coaching Rules and Guidelines attached.


12. Events beyond the Coach’s control


12.1. The Coach will not be liable or responsible for any failure to perform, or delay in
performance of, any of its obligations under these terms that is caused by events outside its
reasonable control (known as a “Force Majeure Event”).


12.2 A Force Majeure Event includes any act, event, non-happening, omission or accident
beyond the Coach’s reasonable control and includes in particular (without limitation) strikes,
lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of
terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion,
storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the
use of railways, shipping, aircraft, motor transport or other means of public or private
transport; impossibility of the use of public or private telecommunications networks; the acts,
decrees, legislation, regulations or restrictions of any government.
1.3. The Coach’s performance under these terms is deemed to be suspended for the period that
the Force Majeure Event continues, and the Coach will have an extension of time for
performance for the duration of that period.


13. Governing law


This agreement and any non-contractual obligations arising in connection with it shall be
governed by English law. The English courts shall have exclusive jurisdiction to determine
any dispute arising in connection with this agreement, including disputes relating to any
non-contractual obligations.
Last updated on 23/12/19

Appendix- Coaching Rules and Guidelines


Nature of Coaching


You understand that:
● Coaching is neither counselling nor psychotherapy.
● You are responsible for creating your own results
● Coaching results are not guaranteed
● Coaching does not offer or replace medical advice
● Any financial discussions are of a general nature only and should not be relied on as a
substitute for financial, taxation, investment or other professional advice. You should always
seek advice from a qualified professional before deciding on the best investment or financial
strategy
● If you have specific concerns about your health, you should always seek advice from a
suitably qualified healthcare professional.
● Where information on a specific option is supplied this does not constitute a recommendation.
Assignments, tasks & exercises


You may be requested to undertake certain tasks/exercises/assignments prior to the commencement
of the Consultation, Coaching Programme or Workshop and between Coaching Programme
Sessions. You understand that not completing these activities may affect your progress in achieving
your personal outcomes.


Coaching Options


One to one coaching:


1. By telephone : You will be called by the Coach at the specified time.
2. Face to Face : You and the Coach will meet at the pre-determined venue at the scheduled
time.
3. Online (Skype/FaceTIme): You will be connected by the Coach at the specified time
4. Email: You will receive coaching support via email if and as set out in the order confirmation.
Please note : Being late for the start of an appointment will not change the end time. Coaching
sessions paid for in advance must be taken within 6 months of the date of booking after which the fee
is forfeited.


Cancellation and rescheduling :


You must give a minimum of 24 hours notice to reschedule or cancel an appointment otherwise the
full session fee is payable. In exceptional circumstances, the Coach may need to rearrange a
coaching session. In those instances you will be given 24 hours notice where practical.


Workshops


Workshops take place at the locations advertised on the Coach’s website. Content and length of
workshops is set out in the joining instructions.
If you wish to cancel a workshop the following charges apply:

● Cancellation 30 days or more prior to the workshop date: you will be charged 25% of the fees
(75% refunded)
● Cancellation between 15 and 30 days prior to the workshop date : you will be charged 75% of
the fees (25% refunded)
● Cancellation 14 days or less prior to the workshop date : you will be charged 100% of the
fees (zero refund)


If you fail to attend the workshop, the fees are forfeited (zero refund) .


Illness/Sickness . There will be a 25% re-booking fee should you be unable to attend due to illness
provided you inform the Coach in writing, a minimum of 24 hours prior to the start of the workshop.
Failure to notify the Coach as stated will be treated as a cancellation and there will be no refund (Zero
refund).


Cancellation by the Coach


The Coach reserves the right to cancel or postpone a workshop without liability and you will be offered
an alternative workshop date, a credit note or a refund.
The Coach also reserves the right to alter the workshop content, alter the workshop location or to alter
the workshop delegate numbers at any time without liability.


Special Requirements
If you have any special requirements in relation to your participation in the Coaching Workshop please
contact us as soon as possible to discuss your requirements on Tel: 07757439015

© 2020 Jackie Cox Sleep Consultant