Terms of Business
Terms of Business
Group Training & Success Programme
Summary of Key Terms
12 Month Coaching Mastermind
Bi weekly sessions starting w/c 1st July 2019
Tuesdays at 7am PST/3pm UK OR Tuesdays at 12 noon PST / 8pm UK depending on Polly’s schedule. Additional sessions will take place at varying times
Module content and order may vary to best fit the participants needs.
Contents of Programme
12 Month Coaching Mastermind to include
24 Bi-weekly online group sessions
2 Live Events (see below)
For full details see website www.thrivebeautifully.com
You will have the opportunity to attend 2 live events during the Mastermind. For details of upcoming events see www.thrivebeautifully.com.
Each event lasts 2 days and participation in the Mastermind includes entry to the events, lunch and refreshments and welcome drinks. Flights and accommodation are not included and you are responsible for arranging and paying for these. The events are optional. For full terms relating to the live events see clause 2.3 below.
Total payment due (if paid in full at time of booking)
Pay in Full: £9997
£2500 deposit and 12 monthly payments of £791 each
Deposit and first instalment to be paid on date of registration and every 30 days thereafter until all payments are made. If you fail to make a payment this will result in access to the course platform, calls and Facebook Group being revoked until payments are up to date. By purchasing this Programme on a Payment Plan you are liable for the full cost of the Programme whether you continue to participate or not. If you fail to make any payment under a payment plan by the due date, the whole remaining balance of all the plan payments become immediately due and payable in full.
1. APPLICATION OF THESE TERMS
1.1 These terms and conditions (“Terms”) apply to Group Coaching Programmes provided by us, Polly Alexandre Ltd of 325 Manhattan Building, Bow Quarter, 60 Fairfield Road, London E3 2UQ.
1.2 The agreement for you to participate in a particular programme becomes binding on us when we email our acceptance of your offer to participate in the Programme, and is governed by these Terms and continues until it ends in accordance with these Terms. Where you are a corporate entity, “you” in these Terms includes your officers and employees and you warrant that your officers and employees will comply fully with these Terms.
1.3 Programmes are provided on a ‘business-to-business’ basis, supporting your trade, business, craft or profession.
1.4 Definitions: In these terms:
a) “Terms” means these Terms of Business;
b) “Contract” means the contract between us, formed as described in clause 1.2 above;
c) “Session” means a group coaching session in which a number of our clients are participating simultaneously, whether in person (i.e. live in the same room), or over Skype, or online, as specified in the Programme;
d) “Programme” means the Coaching Programme you have purchased from us, and may comprise one or more of Skype sessions, live ‘in person’ sessions, working on an online platform, and downloadable products, as described in the programme description on our website www.pollyalexandre.com.
2. THE COACHING PROGRAMME
2.1 Project scope:Our aim is to respond accurately and supportively to the development and achievement of your business objectives within the Programme you have picked to join. However, successful outcomes will require commitment from you. We cannot guarantee particular results, although we can assure you of our commitment to successful completion of our coaching relationship.
2.2 Private Sessions: Where you are entitled to one or more private sessions with one of our team, the private session or sessions must be booked in advance and must be taken before the end of the group Programme. If you do not take all your private sessions before the end of the group Programme they will be forfeited. If you wish to rearrange a private session, you must give us at least 48 hours advance notice before the session starts and you cannot rearrange any more than two sessions. If you have already rearranged two sessions, we reserve the right to treat you as having taken any subsequent session you try to rearrange, in which case you will not be able to reschedule it or entitled to any compensation for missing it. We recommend you book as early as possible to secure your private sessions as availability is limited.
2.3 Live Events: Participation in the Programme entitles you to attend two of our live events (‘Events’) subject to the following terms:
2.3.1 if you are paying for the Programme by payment plan, you must be up to date with all payments in order to attend an Event; if any of your payments are late, you will not be admitted to the Event;
2.3.2 we reserve the right to change the date of the Event in extreme circumstances and in such circumstances all tickets will automatically transfer to the new Event date;
2.3.3 you must attend the Event yourself: tickets cannot be transferred or resold;
2.3.4 you must arrive at the Event on time or your entrance may be delayed until a suitable break in the Event;
2.3.5 lunch, refreshments and a welcome dinner the night before the first day of the Event are included;
2.3.6 the Event may be filmed/recorded and by attending the Event you agree to appear in any footage which may be used for future products/marketing purposes including on social media and our website and you release all rights to your appearance in the footage. If you do not agree to this use of the footage, you should not attend the Event;
2.3.7 personal recording/filming of the Event is not permitted;
2.3.8 travel to the Event and accommodation are not included in your Mastermind fee and you are responsible for arranging and paying for these items yourself. If we are forced to cancel or rearrange an Event for reasons of Force Majeure as specified in clause 9 then we are not responsible for any losses you suffer in respect of your travel and accommodation arrangements. For this reason we strongly recommend that you take out travel insurance in respect of these items.
3. OUR COMMITMENTS
3.1 We will provide the Services with reasonable care, skill and ability. Apart from that, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching, we cannot and do not guarantee any particular results.
3.2 Sessions will start and finish on time, regardless of when you join a Session.
3.3 If we have to reschedule any Session, we will provide you with as much notice as possible of changes.
3.4 All group and private sessions will be taken by carefully chosen members of our coaching team.
3.5 As part of the Thrive Beautifully Mastermind course, you will have regular interactions with Polly Alexandre. These interactions will take place within a Facebook Group forum and on live calls. You understand that there is no guarantee that Polly will provide you with individualized feedback, nor will she interact with you directly through email or alternative means. Polly will do her best to respond to the questions that arise within the Facebook Group and on live calls, but she cannot guarantee that each issue you wish to raise will be addressed.
4. YOUR COMMITMENTS
4.1 When you confirm your participation in the Programme by email or online signature you confirm your commitment to the Programme and these Terms become binding on you. From this point, in accordance with clause 5.4 you are immediately responsible for the full Fees of the whole Programme.
4.2 When participating in the Programme, information you share and your behaviour towards other participants shall be polite, respectful and not offensive. We acknowledge that challenge may sometimes be appropriate and helpful, but offensive or hostile behaviour towards or in relation to other participants is not permitted.
4.3 You will not post material or make comments that are likely or intended to be or are in breach of any person’s rights, defamatory, obscene, sexually explicit, discriminatory, violent, threatening, promoting illegal activity, or are likely or intended to deceive any person, or harass or cause anxiety to any person, or likely to bring us into disrepute.
4.4 If you post in the Facebook Group for the Programme, you must abide by the Facebook Group rules and if you make any comments which we deem in our absolute discretion to be inappropriate or in breach of the rules you will be removed by the administrator, and your access to the Group will be revoked. In these circumstances, no refunds will be given.
4.5 You will keep your user details and password for access to any element of the Programme strictly confidential and not disclose them to a third party.
4.6 You shall not promote or sell products or services to other participants in the Programme or during any part of the Programme without our prior written consent.
4.7 Where a Session is held in third party venues, you agree to comply with the venue’s policies and rules (for example, about fire safety, and health and safety).
4.8 You will comply with our Terms of Website Use and Acceptable Use Policy as set out from time to time on our website www.pollyalexandre.com.
4.9 Coaching is not therapy or counselling. It may involve all areas of your life. You acknowledge that deciding how to handle any issues which may arise, the choices you make in relation to them and following through on any agreed action is exclusively your responsibility.
4.10 Coaching does not treat mental disorders and is not a substitute for counselling, mental health care or medical treatment of any kind. By entering into this agreement you confirm that you will not use it in place of any form of therapy.
4.11 If you are currently receiving treatment from a doctor or other healthcare professional, by entering into this agreement you confirm that you have consulted with this person regarding the advisability of working with a coach and that this person is aware of and supports your decision to proceed with the Programme.
4.12 Energy healing and theta healing are powerful processes that work on the subconscious mind and you may experience physical changes as a result of the sessions. By purchasing this Programme you take full responsibility for your own mental, physical and spiritual health for its duration.
5.1 Fees for the Programme and the date(s) payment is due are as follows:
Total payment due (if paid in full at time of booking)
Pay in Full: £9997
£2500 deposit and 12 monthly payments of £791 each
First instalment to be paid on date of registration and every 30 days thereafter until all payments are made.
5.2 Instalment payments: If you fail to make any payment under a payment plan at the due date, the whole remaining balance of all the plan payments become immediately due and payable in full.
5.3 Your expenses: All your costs and expenses for participating in the Sessions (like travel, accommodation, subsistence and other expenses) are your responsibility.
5.4 Refunds:When the Contract has been made, you are immediately responsible for the full fees of the whole Programme. If you cancel or cease attendance at the Sessions for any reason, you are not entitled to a refund and amounts that are still unpaid for the Programme remain due and payable.
5.5 Late/under payment: Without prejudice to, and in addition to any other right or remedy that we may have, if you fail to pay us any invoice on the due date, we may:
a) charge interest on what you owe from the due date for payment at the annual rate of 5% above the base rate from time to time of HSBC Business, 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 your participation in the Programme including access to the course platform and Facebook community until payment has been made in full.
5.6 All the preceding paragraphs of this entire clause, and this paragraph, shall survive termination of the Contract.
6. CONFIDENTIALITY, INTELLECTUAL PROPERTY, AND INFORMATION
6.1 “Confidential information” means information in whatever form relating to you and your affairs which we obtain in connection with the provision of Services, and the fact that we are providing Services to you, but excludes (1) information that you allow us to publish and (2) information that you publish yourself.
6.2 We will only use or disclose confidential information (1) as may be necessary for the effective performance of Services to you; or (2) which has been authorised by you; or (3) as is required by law; or (4) which we reasonably consider is necessary or advisable to prevent illegal acts or harm to you or others.
6.3 As is good practice in coaching, we undertake our own coaching. This may involve disclosing issues which have arisen out of Sessions to our coaches/supervisor and/or in supervision groups, but any such disclosures shall be made on a general basis only and without disclosing your name or identifying details.
6.4 Our information and intellectual property: Information that we provide you in the course of a Programme and in Sessions, including written material, handouts, and other documents, and the methodologies we apply, are copyright information and/or trade secrets of our business. Apart from third party copyright information (which we shall attribute), we own or are the licensee of all intellectual property rights in all such material, and it may not be used, copied or adapted by you, nor disclosed to any other person (whether or not an associated company or organisation) under any circumstances unless we have given our specific written permission on a case-by-case basis, and subject to such conditions as we may in our absolute discretion determine, or as set out in the next clause.
6.5 You may use all or any of the content or material presented in the Sessions or in the Programme for your personal use alone, and for other uses that we specifically agree in writing in advance.
6.6 Recordings:You may not without our prior written consent make any audio or visual recordings of all or any part of Sessions. We may from time to time make recordings (audio and/or visual and/or photographic) of Sessions which you are attending. You authorise us to use your image and voice in such recordings without further consent or other conditions from you. We may use such recordings, and edit, copy, adapt, translate or add to them for the purposes of or in promoting future programmes or events or in creating future programmes or products. You agree to waive your moral rights under the Copyright, Designs and Patents Act 1988, or any re-enactment thereof, and any similar protection under any other jurisdiction, with respect to recordings or any part of them of Sessions attended by or contributed to by you.
6.7 On demand, you agree to assign to us, for the sum of one pound sterling, all copyright and other intellectual property interests and performance rights throughout the world that may exist in your contributions to all recordings we make of any Session. You agree that such assignment shall be perpetual and royalty-free, and that you shall not do anything to prevent us from exercising our rights over the recordings described in the previous paragraph.
6.8 You must hold as strictly confidential, and not disclose or use it for any purpose whatsoever, all information you obtain about any other participant on a Group Coaching Session, unless that participant has expressly authorised use or disclosure of that information in writing to you.
6.9 All the preceding paragraphs of this entire clause, and this paragraph, shall survive termination of the Contract.
7. ONLINE SESSIONS
7.1 Where the Programme involves online Sessions:
a) Online Sessions are held on third party secure servers. We take reasonable steps to ensure that online content is available at all times during the Programme, but we shall have no liability to you if any content (provided by us or added by you or other participants) is not available or becomes corrupted in whole or in part at any time.
b) Keep your user details and password confidential and secure at all times and do not disclose them to a third party. Notify us if you are aware of unauthorised use of your account.
8. LIABILITY AND LIMITATION
8.1 Nothing in these Terms shall be interpreted as excluding or restricting any legal liability on us for death or personal injury resulting from our negligence or the negligence of our employees, agents or sub-contractors, or for any other matter for which liability cannot be legally excluded or limited.
8.2 Any personal liability of any of our directors, partners, employees, agents or sub-contractors arising in any way out of the performance or non-performance of Services or relating to the supply of products is hereby expressly excluded.
8.3 We shall have no liability for any special, indirect, consequential or pure economic losses, costs, damages, charges or expenses suffered or incurred by you, however caused, including, but not limited to, loss of anticipated profits, goodwill, reputation, business receipts or contracts, loss or corruption of data, or losses or expenses resulting from third party claims.
8.4 Our aggregate liability to you, whether for negligence, breach of contract, misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the Contract shall in no circumstances exceed the cost of the provision of the services which gives rise to such liability in respect of any occurrence or series of occurrences.
8.5 If we are prevented from or delayed in performing our obligations by your act or omission or by any circumstance outside our control, we 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.
8.6 You are responsible for your own belongings that you take to or use in a Session and we shall not be liable for any loss, damage, theft or destruction of any of your belongings.
8.7 You agree to reimburse us in full and indemnify us against any claim from any third party (and associated costs and expenses (including professional fees)) arising out of your actions or inactions while at a third party venue.
8.8 You will indemnify us against all claims, damages, losses, costs or expenses (including professional fees) for any liability arising from any unauthorised use of your online account with us.
8.9 We may use third parties in supplying some of our Services to you. For example, our Events are hosted at venues owned by third parties and may include meals and other products and services provided by carefully chosen third parties. You acknowledge that we ordinarily contract with these third parties on their normal terms of business which may not be entirely consistent with the Contract. If any delay or failure by a third party properly to provide subcontracted services causes a delay or failure in our performance of the Contract, it is agreed that:
8.9.1 we shall use all reasonable endeavours to apply for your benefit all practicable rights or remedies available from the relevant third party; and
8.9.2 except to the extent the delay or failure is caused by a failure to use our reasonable care and skill in the management or selection of a third party, we shall not be in breach of the Contract and shall have no liability to you arising out of any such failure.
8.10 All the preceding paragraphs of this entire clause, and this paragraph, shall survive termination of the Contract.
9. FORCE MAJEURE
9.1 We will not be in breach of the Contract nor liable for failure to provide services or perform obligations where it is not reasonably practicable to do so due to acts, events, omissions, accidents or circumstances beyond our control, including the illness of Polly Alexandre or other team members.
9.2 This entire clause, including this paragraph, shall survive termination of the Contract.
10. DISPUTES, RIGHTS AND LAW
10.1 Resolving problems: If there’s anything about your Programme or any Session that is not going as you want, please raise it with us without delay.
10.2 Dispute process, jurisdiction and law, non-disparagement: If there is a dispute between us, we will first seek to resolve it amicably without recourse to law. If that fails, you and we agree and accept that the only venue for resolving disputes shall be the courts of England and Wales and that all agreements between us shall be construed under English law. The parties agree that they neither will engage in any conduct or communications, public or private, designed or intended or likely to disparage the other.
10.3 All the preceding paragraphs of this entire clause, and this paragraph, shall survive termination of the Contract.
11. TERM AND TERMINATION
11.1 The Contract will continue until the end of the Programme and then shall expire, other than for the provisions of these Terms that are stated to remain in force.
11.2 The Contract may be terminated by either party:
a) Forthwith by written notice if the other party has committed a serious breach of contract which is not capable of being remedied within seven days;
b) Forthwith by written notice if the other takes any step towards winding up or administration, starts any insolvency process, becomes unable to pay its debts, or applies for creditor protection.
c) In the case of a breach that is remediable within seven days, forthwith by written notice seven days after the issue of a written warning notifying the offending part of the breach of contract and requiring its remedy within seven days, and that breach having not been remedied by the offending party within that time.
11.3 Termination of Contract shall not prejudice obligations accrued at the date of termination (including continuing obligations under clauses of these Terms expressed to survive termination).
11.4 All sums payable that would otherwise be payable at any future point shall become due immediately prior to termination of the Contract, despite any other provision. This clause is without prejudice to any right to claim for interest.
11.5 All the preceding paragraphs of this entire clause, and this paragraph, shall survive termination of the Contract.
12. OTHER PROVISIONS
12.1 Variation: No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of us.
12.2 No waiver: If we do not enforce, or delay enforcing, any provision of these Terms or any provision of the Contract to which they apply, then that will not be a waiver of that provision, and it will not affect or limit our ability to enforce that term or provision at any time or on any other occasion.
12.3 Severability: If any provision of the Contract is not enforceable, it shall be struck from the Contract to the minimum extent necessary to make the entire Contract enforceable and this shall not affect the enforceability of the other provisions of the Contract.
12.4 Entire agreement:You acknowledge and agree that the Contract is the entire agreement between us relating to your participation in the Programme and the rights and obligations flowing from that, and in entering into the Contract you have not relied upon 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 Programme other than as expressly set out in the Contract.
12.5 All the preceding paragraphs of this entire clause, and this paragraph, shall survive termination of the Contract.