Terms and Conditions
This agreement is made between Amiee Carlton Coaching (based at 38 Wrentham Avenue, London, NW10 3HA) and the Client, each a “Party” and together the “Parties.”
The company is a provider of coaching, education training and business consultancy services.
We trade predominantly online via the website www.amieecarltoncoaching.com and associated social media platforms, and Amiee Carlton is a director of the Company and provides many of the coaching services on behalf of the Company.
We run group programmes and memberships as part of our offerings.
The Parties have agreed to enter into this agreement together so we can clearly set out what the group programme will deliver to you, how you will interact and learn alongside other members of the program, and grant you rights to access and use certain of our bespoke methodologies and coaching materials on the terms and conditions set out in this agreement.
1. SERVICE PROVISION
1.1 Our programmes and memberships run to different timescales. More information on the “Term” of the service is given on the sign up page. You are bound by this agreement from the date that you applied for membership and these terms shall stay in force and effect until the end of the Term (or otherwise terminated in accordance with the agreement).
1.2 Where necessary for the programme, you will be provided with a schedule setting out specific dates, times and (if applicable) venues for the duration of the Term. We reserve the right to make changes to this schedule and or content for any reason including circumstances out of our control and if this becomes necessary we will always try to offer a minimum of 48 hours’ notice of the change.
1.3 Payment is due upon signing up to the programme or on signing this Agreement, and upon receipt of the payment and signature of this Agreement you will join the Programme and the Service will commence.
If you opt to pay in instalments, payment is taken monthly for the duration shown on the sign up form.
1.4 For our live group programmes, the Client acknowledges and understands that the Programme is a group programme, and that all sessions are organised and delivered by the Company against a predetermined schedule. To that end, the Client accepts that if they are unable to attend a particular session or partake in any live element of the Service then this is forfeited and sessions cannot be rearranged or postponed upon any individual requests.
2. FEES AND PAYMENT
2.1 The Fee shall be paid in full upon signature of this Agreement (or if Instalment Payments have been selected then on the Payment Dates agreed and in accordance with the Payment Terms at clause 1 above) in £sterling in cleared funds by bank transfer (to our bank account as notified by us to you), by credit/debit card payment or by such other payment method as we may agree from time to time in writing.
2.2 By applying to us for the Programme and entering into this Agreement for the Service, you warrant that you have access to sufficient funds to pay the Fee and/or each Instalment Payment of the Fee at the agreed point in time. If for any reason the automatic payment system fails (for example if the credit card or source payment you originally nominated is not accepted), you agree to act swiftly to set up a standing order to ensure that all remaining Instalment Payments are made on time and as agreed. The Fee and/or any Instalment Payments are non-refundable under any circumstances.
2.3 In addition to any other rights or remedies we may have, if you fail to pay the Fee or agreed Instalment Payments as and when due and payable, and fail to remedy this within 7 (seven) days of our written notice to you, we reserve the right to:
- Charge interest on such payment from the due date at the annual rate of 4% above base rate of Lloyds Bank plc, accruing daily and compounded quarterly until payment is made and you shall pay the interest immediately on demand;
- terminate this agreement, which may at our discretion include suspending or refusing your access to the Members’ Area, the Workbooks and the Service.
2.4 All sums payable under this Agreement shall become due immediately on termination of this agreement, despite any other provision. For the avoidance of doubt, you shall remain liable for the Fee in full regardless of any decision to terminate or enforced termination of this Agreement.
2.5 Each party shall bear its own costs for the entry into this agreement. You are responsible for all of your costs and expenses associated with or incurred in connection with the Service during the Term, including but not limited to:
- costs and expenses incurred in downloading or printing all or any of the Works;
- telephone charges;
- internet connection charges.
3. YOUR PARTICIPATION AND RESPONSIBILITIES
3.1 You agree that full participation in the Service is necessary in order to achieve best possible results and outcomes from your personal perspective. If you do not participate or miss out elements of the Service then this is likely to have a negative impact on the effectiveness and potential of your outcomes. As such, you commit wholeheartedly to being an active participant and present and on time for all sessions in the Programme during the Term of the Service.
3.2 You agree that it is your responsibility to attend the Programme sessions, and to utilise the tools and resources made available to you. If you are unable to attend a session you will have access to the recording and relevant materials and you agree to promptly catch up on that session and use the online group to ask any questions or ask for specific support. You agree that group sessions cannot be rescheduled as that service provision cannot be altered for the benefit of one individual participation over others.
3.3 You accept and agree that you are one hundred percent (100%) responsible for your own actions including your participation, progress and results during the Term. You agree to communicate open and honestly, and complete all written information requested from you in a timely way. We will do our best to support you with getting the maximum benefit and potential outcomes from our provision of the Service but we cannot guarantee that the Service will meet your specific expectations or that you will achieve any particular outcomes or results.
3.4 You understand and agree that you are participating in the Service for personal and professional growth and therefore give us permission to be honest, direct, supportive and challenging during provision of the Service and our interactions with you. You agree that you are responsible for your own personal wellbeing and that the Service is not to be used in lieu of professional advice for legal, financial, medical, tax or other matters normally handled by professionals.
3.5 You agree to conduct yourself in a responsible and courteous manner at all times during your participation
in the Service, and in particular not to disrupt the group sessions or be offensive or cause distress to either the coaches or experts within the Programme nor the other participants. In the event that you breach this clause, then Amiee Carlton will contact you to put you on notice that your conduct is in breach of the Agreement and to ask you to take appropriate remedial action. If you fail to take that remedial action, or continue to act in a way which (in the reasonable opinion of the Company) breaches this clause then Amiee Carlton reserves the right to terminate the Agreement and permanently exclude you from the Programme. No refund will be due to you in these circumstances and no further discussions will be entered into. Amiee Carlton’s decision on this will be both discretionary and final.
3.6 You agree that if you have any issues or problems with the Programme or the Service delivery, you will contact Amiee Carlton as soon as possible to communicate this by email, and work collaboratively with Amiee Carlton to resolve the issue or problem in a constructive way. Amiee Carlton in turn commits to resolving issues quickly and effectively and will use all reasonable efforts to ensure that the Client’s experience is a positive one.
4. NO WARRANTIES
4.1 The Service and access to the Programme are made available to you without warranty of any kind. Amiee Carlton will deliver the service with due care, attention and skill in accordance with the terms of this Agreement.
4.2 In particular, we give no guarantee or reassurance as to the results of participating in the Service. You accept and agree that your entry into this group programme does not guarantee you any specific results in your personal or professional life, career or business growth. The results and benefits received by participants in our group programmes can and do vary.
4.3 Any testimonials provided on our website or otherwise do not and are not intended to represent or guarantee that any other participant in our services will receive the same results or benefits.
4.4 The Service we offer is not tailored to your individual/specific needs. You should always ensure that this content is suitable for your intended use.
5. BREACH OF TERMS
5.1 Where we consider there to be a breach by you of the terms of this agreement, we shall notify you of such breach and invite you to take remedial action within 7 days.
5.2 Where you fail to remedy the breach notified to you under clause 5.1 and to provide us with evidence of the remedial action taken, then we shall be entitled to terminate this contract in accordance with clause 6.2 below.
6. TERMINATION AND REFUNDS
6.1 You agree that if within 14 days you are not satisfied, you have completed the worksheets, attended your first group coaching session and you are still not satisfied, Amiee Carlton will give you a full refund, based on all the terms above. If you have failed to attend your sessions, or have not fully completed Module 1 in totality Amiee Carlton will not be liable to give you a refund.
6.2 In addition to any other rights or remedies we may have, we may terminate this agreement with immediate effect by giving written notice to you if:
- you have breached any of the warranties of this agreement;
- you have acted dishonestly, fraudulently, offensively or in a way which in our reasonable opinion might adversely affect our goodwill or reputation
or our ability to deliver the Service to other participants; or
- you cease to carry on business, are declared bankrupt or enter into an insolvency or administration procedure;
- you fail to pay the Fee or the Instalment Payments when due (or within days of written notice by us).
6.3 Upon cancellation or termination for any reason:
- we will disable your access to the programme and any related online forums or membership privileges;
- you must cease to access the programme;
- you undertake to destroy any hard copies of the Works in your possession; and
- you will cease to receive the Service;
- we will have no obligation to return to you or remove any content
7.1 We need to protect our business and manage our risk. This section does that but please be assured we do not exclude or limit our liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence or for anything that cannot be excluded or limited by English law.
7.2 We do not accept any liability to you for any: (i) indirect or consequential loss; (ii) loss of profits or loss of business; (iii) loss of goodwill or reputation; or (iv) loss caused by a virus or other technologically harmful material on our website that may infect your computer equipment, programmes or data.
7.3 Subject to paragraphs 7.1 and 7.2 above, our total liability to you shall be limited to the Fee paid by you under this agreement in the 12 months prior to the event giving rise to a liability.
7.4 This clause 7 shall survive cancellation or termination of the agreement.
8. DISPUTE RESOLUTION
8.1 Although we very much hope a dispute between us will not arise, in case it does we set out below steps to help us successfully resolve this. The CEDR is a professional independent mediation consultancy which helps parties settle disagreements without incurring the cost and expense of litigation. Parties are given the opportunity to express their understanding of the disagreement and an independent mediator helps parties to reach an agreement. Of course, mediation or litigation is the worst-case scenario and in the unlikely event of a dispute we will work with you to try and resolve it.
8.2 If a dispute arises out of or in connection with this agreement or the performance, validity or enforceability of it (Dispute) then the parties shall follow the procedure set out in this clause 8:
- Either party shall give to the other written notice of the Dispute, setting out its nature and full particulars (Dispute Notice), together with relevant supporting documents. On service of the Dispute Notice, both parties shall attempt in good faith to resolve the Dispute; and
- If both parties are for any reason unable to resolve the Dispute within 30 days of it being referred to them, the parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator shall be nominated by CEDR. To initiate the mediation, a party must serve notice in writing (ADR notice) to the other party to the Dispute, requesting a mediation. A copy of the ADR notice should be sent to CEDR. The mediation will start not later than 30 days after the date of the ADR notice.
8.3 The commencement of mediation shall not prevent the parties commencing or continuing court proceedings in relation to the Dispute under clause 8.2 which clause shall apply at all times.
8.4 If the Dispute is not resolved within 30 days after service of the ADR notice, or either party fails to participate or to continue to participate in the mediation before the expiration of the said period of 30 days, or the mediation terminates before the expiration of the said period of 30 days, the Dispute shall be finally resolved by the courts of England and Wales in accordance with clause 8.3.
9.1 This Agreement (and/or the Service) is not exclusive to you. You acknowledge and accept that we provide same and similar services to other participants within the Programme (as well as across our wider business) and to third parties generally. You are responsible for ensuring that you do not enter into any third-party engagement which might cause a conflict of interest with this agreement.
10.1 No financial burden. You agree that neither your participation in the Programme nor entry in this Agreement or the payment of the Fee or any fees, costs and expenses in connection with the Service and/or this agreement, impose on you any financial burden or shall cause you any financial indebtedness that you are not able to meet.
10.2 Confidentiality. You agree not to share, use, copy, adapt, alter, distribute, duplicate or disclose any confidential information that we share with you (other than where you are required to disclose such information by law). You may be privy to confidential information shared by other participants and you agree to keep this strictly confidential at all times including after termination or expiry of the agreement. Any breach of this clause shall be deemed as a material breach of the agreement giving rise to termination.
10.3 Data Protection: If we pass on any personal data to you during the term of this agreement, you shall only use such data in accordance with our instructions to you relating to such data. You acknowledge and agree that your personal data will be processed by and on behalf of us in order to provide you with the Service. We will comply with our obligations under the Data Protection Act 2018.
10.4 Severance. If any provision in this agreement is found to be invalid, unenforceable or illegal, the other provisions shall remain in force so far as legally possible.
10.5 Variation. We reserve the right to revise and amend the terms of this agreement from time to time for any reason. We will send to you any revised version by email.
10.6 Notices. Notices required to be served under this agreement should be served in writing either personally, by first class post to the addresses specified above or to such other addresses notified to the other in writing. Any such notices shall be deemed to be served 2 days following the date of posting.
10.7 Transfer of rights. We may transfer our rights or transfer all our rights and obligations by novation from time to time. No transfers or novations are permitted by you since this Agreement is personal to you and you may not assign, transfer, sub-contract or delegate in any other manner with this agreement.
10.8 Entire agreement. This agreement sets out the entire agreement between us in relation to your rights as a recipient of the Service. This agreement supersedes any and all prior agreements, communications and proposals. You agree that in entering into this agreement you have not relied on any statement or representation made by any person (including a third party) relating to membership of the group program or provision of the Service.
10.9 Third party rights. Any person not a party to this agreement shall not have any rights under or by virtue of the Contracts (Rights of Third Parties) Act 1999.
10.10 Status. Nothing in this agreement shall create any employment, joint venture, partnership, agency or similar relationship between us. We do not have any right or power to bind each other to any obligation whatsoever.
10.11 Governing Law and Jurisdiction. This agreement shall be governed by English law. 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.