Transformation Coaching Agreement

for Soul Savvy Academy

PARTIES

SJF Online Ltd, a [limited company with company number 10004047 and with its registered office at 27 De Villiers Avenue, Crosby, Liverpool, L23 2TH (‘I’ and ‘me’); and customer named on the attached form (‘you’)

I am so happy that you have decided to sign up with me for coaching and I look forward to our journey together.

The contract below sets out the legal terms that will govern my relationship with you and apply to the coaching services I provide. The intention is that it will bring clarity to our relationship and protect both of us so please do let me know if there are any clauses that you do not understand or that contradict your understanding of my services.

BACKGROUND

I provide Transformation Coaching and you and I wish to enter into this agreement to set out the terms and conditions that will apply in respect of the coaching to be provided by me to you.

This contract sets out:

• your legal rights and responsibilities
• my legal rights and responsibilities, and
• certain key information required by law

If you would like to speak to me about any aspect of this contract, please contact me by e-mail: info@sarahjflynn.com

1. Introduction

If you buy coaching services from me (‘services’) you agree to be legally bound by this contract, including the details of the coaching programme which are set out in the services description shown on your invoice or additional services which may be set out in a services description agreed between us in the future.

2. Ordering services from me

Below, I set out how a legally binding contract between you and me is made:

• Any quotation given by me before you place an order for my services is not a legally binding offer by me to supply such services.
• When you decide to place an order for services with me, this is when you make a legal offer to buy such services from me.
• I may contact you to say that I do not accept your order, for example if I do not think my services are right for you or there has been a mistake in the pricing or description of the services, or my circumstances have changed since I gave you the quotation for the services .
• I shall only accept your order when I confirm this to you by sending you a confirmation email or start to provide the services, whichever happens earlier. At this point:
  • a legally binding contract will be in place between you and me, and
  • I shall start to carry out the services as set out in the relevant services description.

3. Carrying out the services

• I shall carry out the services with reasonable care and skill.
• I shall carry out the services within the time period which is set out in the relevant services description.
• All coaching sessions (including rearranged sessions) must be taken within the timeframe specified in the relevant services description or they will expire.
• You can rearrange any 2 private coaching sessions during each programme providing you give me at least 24 hours’ notice. If you give me less than 24 hours’ notice, fail to turn up to a session or have already rearranged 2 private sessions in a coaching programme, you will be deemed to have taken the session and you will not be able to reschedule it or entitled to any compensation for missing it.
• Sessions usually take place remotely via Zoom or any other means of communication agreed with you in advance.
• My services might be affected by events beyond my reasonable control. If so, there might be a delay before I can restart the services. I shall make reasonable efforts to limit the effect of any of those events, I shall keep you informed of the circumstances and I shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond my reasonable control include illness, IT issues and problems with internet connectivity or if you change the services you require from me and I have to do extra preparation.

4. Your responsibilities

• You will pay the price for the services in accordance with the relevant services description.
• You will provide me with such information and assistance (and ensure that any information is complete and accurate) as I reasonably need to provide the services.
• You and I shall agree a method of communicating with each other between sessions and adhere to that method.
• 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 whether or not you follow through on any agreed action is exclusively your responsibility. For this reason, although I fully expect great results to come from our coaching sessions, I cannot guarantee any specific outcomes or that all clients will achieve the same results. The results are entirely dependent on your commitment and the effort you put in to the programme and the actions we agree.
• My role is to offer you guidance and accountability and help you make positive business and lifestyle changes in order to make progress towards your business goals.
• 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 counselling, therapy or medical treatment.
  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 coaching programme described in the relevant services description.
• You will keep me informed of any changes to your medical health or personal circumstances.

5. Charges and payment

• The price for the services is set out in the relevant services description on the payment form.
• Usually I require full payment in advance in order to provide the services. In certain circumstances I may agree to payment by instalments, in which case a supplementary fee will be chargeable. The relevant services description will state if I have agreed to accept payment by instalments. If I agree to accept payment by instalments and you fail to make any of the instalment payments on the due date then I shall invoice you immediately for the whole of the outstanding balance and payment for that invoice will be due by return.
• The fees are non-refundable except for where I cancel a programme (other than under 12.2 below) you are entitled to a partial refund for sessions which you have paid for in advance and which you have not received.
• In all other circumstances I am not able to refund to you any of the payments you have made, even where you do not complete your sessions with me, as payment is for the programme as a whole, not individual sessions. This is a reflection of the amount of preparation I need to put into the programme to make it most effective for you and the amount of time I shall dedicate and set aside for preparing for and attending our sessions together. This policy also helps you with your own accountability and commitment to improving your life through my coaching programme.
• In view of my clear no-refund policy, I do not tolerate any type of chargeback threat or actual chargeback from your credit or debit card company. In the event that a chargeback is placed on a purchase or I receive a chargeback threat during or after your purchase, or after the end of the cooling off period if you are a consumer, I reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as non-payment on your account which could have a negative impact on your credit rating.
• Payment is accepted via Card Payment, PayPal or Stripe.

6. Intellectual property

• If I provide you with any materials or member accounts, whether digital or printed, any intellectual property in those materials belongs to me and unless I agree otherwise you can only use those materials and member accounts for your own personal use and you may not share them with third parties.

7. How I may use your personal information

• I shall use the personal information you give to me to:
  • provide the services;
  • process your payment for the services; and
  • inform you about any similar products and services that I provide (though you may stop receiving this information at any time by contacting me).
• I shall not give your personal information to any third party unless you agree to it.

8. Confidential information

• All information shared by you will be kept strictly confidential, except when releasing such information is required by law and/or where I consider it necessary to do so because of concerns of risk to yourself or others.
• Where you participate in any group sessions, for example as part of a group coaching programme, you agree to keep strictly confidential any information shared by participants in those group sessions and not to share it with any third parties. You will not use the confidential information of any participant of a group session for your own benefit except with the explicit consent of that participant.
• The obligations in clauses 10.1 and 10.2 will not apply to information which:
  • has ceased to be confidential through no fault of either party;
  • was already in the possession of the recipient before being disclosed by the other party; or
  • has been lawfully received from a third party who did not acquire it in confidence.
• Your and my confidentiality obligations under this clause will continue after termination of this agreement.

9. Resolving problems

• In the unlikely event that there is a problem with the services, please contact me as soon as possible and give me a reasonable opportunity to sort out any problems with you and reach a positive outcome.
• I may at my option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services.
• Nothing in this contract affects your statutory rights.

10. End of the contract

• If a services description specifies a length of time for services to be provided then subject to clause 12.2 below, the services will terminate at the end of that timeframe
• Either you or I may terminate the services and this agreement immediately if:
  • the other party commits any material breach of the terms of this agreement or a services description and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. The written request must expressly refer to this clause and state that the services and this agreement will be terminated if the breach is not resolved; or
  • the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.
• If this contract is ended it will not affect my right to receive any money which you owe to me under this contract and it will not operate to affect any provisions that expressly or by implication survive termination.

11. Limit on my responsibility to you

• Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury), I am not legally responsible for any:
  • losses that:
    • were not foreseeable to you and me when the contract was formed
    • were not caused by any breach of these terms on my part
  • loss of business, loss of profits, loss of management time and loss of business opportunity.
• My total liability to you is limited to the amount of fees paid by you for the services.

12. Disputes

• I shall try to resolve any disputes with you quickly and efficiently.
• If we cannot resolve a dispute using my internal complaint handling procedure and either of us want to take court proceedings, the courts of England and Wales have exclusive jurisdiction in relation to this contract.
• The laws of England and Wales will apply to this contract.
• In the event of a dispute between us, you and I agree not to engage in any conduct or communications, including on social media, designed to disparage my or your website, products and services.

13. Entire agreement

These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, assurance or warranty given by or on behalf of me which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

14. Third party rights

No one other than a party to this contract has any right to enforce any term of this contract.