1. Terms of engagement

1.1 You are engaging me (Lucille Roache trading as Asset Business Consultancy) as a Business coach to provide coaching services (Services) on the terms of this agreement.

1.2 This contract between us will commence on the date you sign this agreement and will continue unless and until terminated by either of us giving 2 weeks  notice to the other in writing to the relevant address, or at the end of our work together, which will consist of one session. 

1.3 By entering into this agreement you confirm that you are not currently or awaiting treatment for any mental health condition, which includes medication.   I am not qualified to deal with mental health issues and it is important that the coaching you are receiving does not conflict with any other treatment that you are receiving.  It is your responsibility to make me aware of all treatment you are receiving which may impact on the coaching service I am providing to you.

2. Sessions, PROGRAMMES and cancellations

2.1 You will receive one single coaching session which will last for 60 minutes, and will take place via zoom.

2.2 The time of the coaching meetings and/or location will be determined between me as the coach and you as the client based on a mutually agreed upon time. You will initiate all scheduled calls by signing into the zoom room at the appointed time. 

2.3 If you arrive late for a Session (for the avoidance of doubt, late is considered to be anytime after the scheduled start time of the session), I will try to extend the end time but if this is not possible, the session will end at the scheduled time and I will not be obliged to refund you any amounts paid in relation to such sessions.  If you are 10 minutes or more late for a session without a reasonable explanation, the session may at my discretion be considered cancelled and any amount you have paid for the session will not be refunded.  The cancelled session will be considered as a session which has taken place. .

  

2.4 Either of us may cancel a Session by notice in writing, by email or by telephone to the other no less than [24 hours] prior to the start of the Session.

2.5 If you cancel a Session then you must pay the following cancellation fees:

a) no cancellation fee if you cancel a Session more than [24 hours] before the start time of the Session; and

b) the full Session fee if you cancel the Session on or less than [24 hours] prior to the start time of the Session.

2.6 If either of us cancel a Session, we will reschedule the Session at the earliest mutually convenient time.

2.7 I will ask you to complete a form in advance of our first Session and you will provide true and accurate answers to the questions. 

2.8 Any digital materials included in the programme require the following hardware and software and other functional requirements in order to be fully used: Zoom, strong internet connection and adobe reader

2.9 The online sessions of the Programme are held on third party secure servers and I have taken all reasonable steps to ensure that the online content will be available at all times during the course of the Programme but in the event that such content (or any content added by you or other participants in the Programme) is not available in whole or in part at any time, or becomes corrupted, is deleted or is failed to be stored, I shall have no liability in any circumstances.

2.10 Any materials provided with the session course is subject to copyright and may not be shared,  copied or transferred  without the express written permission of Lucille Roache.

2.11 You agree to keep user details and your password for any membership site confidential at all times and to not disclose them to any third party. You must notify us immediately if you become aware of any unauthorised use of your account and you shall indemnify us against all claims, damages, losses, costs or expenses (including professional fees) and any other liability which arises from any unauthorised use of your account.

3 Duties of Coach

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

3.2 Coaching is a collaborative partnership which is focused on moving you towards the attainment of your goals, through the use of coaching tools and exercises and purposeful questions to enable you to create a plan of action which you can implement to help you to achieve success in your business.  During the sessions I will teach marketing and other strategies to help you to move forward in your business.  Coaching does not involve providing therapy to resolve mental health issues, and should not be considered as a substitute for therapy

3.3 Other than as set out in clause 3.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching and the fact that your success is dependent on a number of factors over which I have no control, I do not guarantee any particular results. 

3.4 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 I shall reschedule the Session for a time mutually agreed. 

3.5 I warrant to you that the coaching and any programme materials purchased from me are of satisfactory quality and reasonably fit for the purpose for which the Programme is supplied. 

3.6 I will endeavour to ensure that all information that I provide is accurate and up-to-date but I shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise. 

3.7 I acknowledge that in the course of our work together I will have access to your confidential information and I agree not to (except in the proper course of my duties) use or disclose to any third party such confidential information except as set out in clause 5 below. 

3.8 You may cancel the Contract within 14 days of the date of you signing this agreement by emailing me at info@assetbusinessconsultancy.co.uk stating your clear intention to cancel or by using the form of cancellation annexed to this agreement at Annex 1. If I receive such email within 14 days of the date of you registering for the Programme/service, and you have not had your coaching session, I shall provide you with a full refund of the amount paid by you up to such date, within 14 days of the day on which I received your valid notice of cancellation and usually by the method originally used by you to pay for your purchase.

3.9 You hereby request immediate performance of the Contract and acknowledge that you will lose your right of withdrawal from the Contract once the service contract is fully performed. If you cancel the Contract before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.

3.10 You agree that I may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in paragraph 3.9 above and you acknowledge that you will lose your cancellation rights in relation to such digital content.

4 Fees

4.1 In consideration of me providing the Services to you, you will pay me a fee for each Session as set out on the checkout page for the package you selected.  Where a Session lasts for more than the time specified in your package an additional fee will be charged which will be calculated pro rata at a rate of £50  for each quarter of an hour

4.2 All fees must be paid in advance of the session.  If the fee is not paid before the session, the session will be cancelled.  

4.3 You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with your participation in the Sessions.

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

a) charge interest on such sum from the due date for payment at the annual rate of 4% above the base rate from time to time of Tide, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and you shall pay the interest immediately on demand; and

b) suspend all Services until payment has been made in full.

4.5 All sums payable under this agreement shall become due immediately on termination of this agreement, despite any other provision. This clause is without prejudice to any right to claim for interest under the law, or any such right under this agreement.

5 Confidential information

5.1 I acknowledge that in the course of providing the Services I will have access to Confidential Information (as defined in clause 16). 

5.2 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:

a)any use or disclosure authorised by you or required by law; 

b)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

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

d) involves illegal activity. You as the client also acknowledges your continuing obligation to raise any confidentiality questions or concerns with the me in a timely manner.  

5.3 As is good practice in coaching, I undertake coaching and I am part of supervision groups. You agree that I may disclose any issues which arise out of the Sessions with my own coach, supervisor and/or supervision group but I agree only to disclose such issues on a general basis and without disclosing your name.

5.4 I also provide training and speak at various events.  You agree that I can discuss general information from our coaching sessions, without disclosing your name.

5.5 All records and personal data relating to the content of the coaching session and gathered during the coaching relationship will be kept for a period of five years after the date of the last session 

5.6 In the event of my ill health or incapacity, I will allocate someone to communicate with you  during my absence.  That person will have access to your name, contact details and the type of service you are receiving.  Anyone contacting you will be bound by confidentiality in the same way as me.

5.7You may disclose to third parties such information about the Sessions as you wish.

6Data protection and Intellectual Property

6.1You 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.

6.2 You will be added to my email list and I will send occasional emails to you with tips and special offers.  You can unsubscribe at any time.

6.3 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.

6.4 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.

6.5 I grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content or material used in the Sessions for your own personal use only.

6.6 You may not without my prior written consent make any audio or visual recordings of all or any part of our Sessions. 

7 Obligations on termination

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

7.2 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.

7.3 Clauses which expressly or by implication have effect after termination shall continue in full force and effect after the date of termination of this agreement, including the following clauses: clause 5 (Confidential Information), this clause 7, clause 9 (Limitation on liability) and clause 15 (Governing law and jurisdiction).

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 Limitation on Liability

9.1 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.

9.2 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 of 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.

9.3 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.

9.4 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. 

9.5 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.

11 Entire agreement and previous contracts

11.1 You acknowledge and agree that:

a) this agreement  constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Services (which shall be deemed to have been terminated by mutual consent);

b) in entering into this agreement you have not relied on any Pre-Contractual Statement (as defined in clause 16).

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

14.1 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.

14.2 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 and jurisdiction

15.1 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. 

15.2 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

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

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.

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.

16.2 A reference to a particular 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.

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

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