Terms OF BUSINESS

These terms and conditions apply to the provision of my professional services. By making an appointment, you are agreeing to the following terms and conditions. If you are unable or unwilling to agree to these terms and conditions, then you should not book an appointment or continue with your course of therapy.

COACHING AGREEMENT

BETWEEN:

Jo Dakin, Boostas Group Limited (trading as “Boostas Coaching”
of 61 Bridge Street, Kington HR5 3DJ (COACH, WE OR US)
Full name ………………………………………………………….. of ……………………………………………………………...

…………………………………………………………………………………………………………………….(Client or you)

Agreed terms

1.TERM OF ENGAGEMENT

1.1You are engaging me as a rapid transformation therapist and life- coach to provide coaching services (Services) on the terms of this agreement as specified in the Schedule to this Agreement.

1.2This contract between us will commence on the date you sign this agreement and will continue either until all of the Services have been performed or unless and until terminated by either of us giving [2 weeks’] notice to the other in writing to the relevant address set out above.

1.3You must be at least 18 years old to participate in online sessions. Clients under the age of 18 years old must be accompanied by a parent or guardian and will be seen in-person.

1.4The agreement to work on the issues presented by you in no way implies or guarantees the resolution of your presenting issue(s). No outcome can or will be guaranteed. However, I will always endeavour to use my best efforts and skills to work towards your goals and intended outcomes.

1.5During any therapy sessions, I will treat you with respect and not abuse the trust you place in me. I will always use best practice in our mutual interest. In return, you undertake not to harm yourself, or any other person, including me, or any property belonging to either me or any other person.

1.6You agree not to attend sessions under the influence of alcohol or recreational drugs, except those medications which have been prescribed by your doctor. If you do attend any sessions under the influence of alcohol or recreational drugs, or demonstrate violent or abusive behaviour, I will cancel the session and may refuse to see you for any further sessions without refunding any payment already made.

1.7Hypnotherapy recordings should not be listened to whilst driving, operating machinery or undertaking any other activity where concentration is required.

1.8Any recording provided is tailored to you and is for your personal use only and must not be shared, lent, copied or sold under any circumstances.

2.SESSIONS AND CANCELLATIONS

2.1Each appointment at which the Services are provided (Session) will last for a maximum of [one hour] and will either take place [over the telephone/ internet unless we agree to an alternative venue (such as a local hotel)

2.2Where Sessions are held in third party venues, you agree to comply at all times with such venue’s policies and rules in relation to such venue (particularly fire safety and health and safety rules). You will be required to leave the venue if you do not comply with such policies and rules (and I shall not be obliged to refund you any amounts paid in relation to such Session).

2.3You are responsible for your own belongings that you take to a Session and neither I nor any third party venue will be liable for any loss, damage, theft or destruction of any of your belongings.

2.4You agree to reimburse me 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.

2.5You may cancel a Session by notice in writing, by email or by telephone to the other and the following cancellation fees will be payable by you.

2.6You may be offered a free 20 minute online initial consultation. No therapy will be provided - The purpose of this initial consultation is to connect, to understand more about what you are seeking and an opportunity for you to ask any questions about the sessions. If you are accepted as a client, during these calls, estimates of the number of sessions required to deal with your presenting issue are given based on the information presented at that time. Estimates are only rough guidelines and can be subject to change

2.7If you cancel a Session then you must pay the following cancellation fees:

(a)no cancellation fee if you cancel a Session more than [7 days] before the start time of the Session; and

(b)a 50% cancellation fee if you cancel a Session 7 days before the start time of the Session but more than 48 hours before the start time of the Session; and

(c)100% cancellation fee if you cancel the Session on or less than [48 hours] prior to the start time of the Session.

2.8I may cancel a Session by providing notice to you and if I do so, I will re-schedule the Session to the earliest mutually convenient time.

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

2.10Where you purchase a package of two or more sessions in advance, the following terms will apply:

(a)Upfront Payment:
Payment for the entire package of sessions must be made in full at the time of booking and prior to the commencement of the first session.

(b)Usage Period:
The sessions included in the package must be used within 6 months from the date of purchase. Any sessions not used within this period will expire, and no refund will be provided for any unused sessions.

(c)Non-Refundable:
Once the package has been purchased, subject to the cooling off period referred to in clause 4.3, no refunds will be given for any reason, including failure to use the sessions within the specified time period.

(d)Session Scheduling:
You are responsible for scheduling and attending the sessions within the agreed timeframe. I will make reasonable efforts to accommodate your preferred times, subject to my availability.

3.DUTIES OF COACH

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

3.2Other 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, I do not guarantee any particular results.

4.FEES

4.1In consideration of me providing the Services to you, you will pay me a fee for each Session of £160 per hour inclusive/exclusive of VAT. Where a Session lasts for less than one or more full hours or more than one full hour, the fees will be calculated pro rata at a rate of £40 for each quarter of an hour. Prices inclusive of VAT.

4.2[Subject to clauses 2.6 and 4.3 of this Agreement, I will not be obliged to provide you with any refunds for any reason.

4.3As you are purchasing the Services as a consumer (namely you are not purchasing the Services wholly or mainly in the course of a trade, craft, profession or business), the following applies:

(a)you have the right to cancel this agreement within 14 days of the date of this agreement by emailing us at boostas121@gmail.com or by using the form of cancellation annexed to this agreement at Annex 1. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this agreement, we will reimburse to you all payments received from you in relation to the agreement within 14 days after the date on which we were informed about your decision to cancel this Contract; and

(b)[notwithstanding paragraph 4.3(a) above, you agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in such paragraph and you acknowledge that you will lose your cancellation rights in relation to such digital content; and

(c)in relation to the provision of any services under this Contract:

(i)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; and

(ii)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.

4.4If you contact me between scheduled Sessions then I may at my discretion provide a brief response to you free of charge. If however I consider that more time is needed to deal appropriately with your communication then I may either:

(a) advise you to arrange an additional Session (at the fees set out in Clause 4.1 above); or

(b)inform you of the time I would need to spend in responding to you and the fee which would be payable by you for such a response. I will obtain your approval to such fee before incurring any fees.

4.5I will invoice you monthly in advance for the fees set out in this Clause 4 (together with VAT which shall be charged in addition to the fees, where appropriate).

4.6You shall pay each of my invoices in full and in cleared funds on presentation of the invoice to the bank account nominated in writing by me.

4.7You 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.

4.8Without 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 STARLING BANK, 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.

4.9All sums payable under this agreement shall become due immediately on termination of this agreement, despite any other provision. This clause 4.9 is without prejudice to any right to claim for interest under the law, or any such right under this agreement.

5.CONFIDENTIAL INFORMATION

I acknowledge that in the course of providing the Services I will have access to Confidential Information. Confidential Information means: 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.

5.1I 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.

5.2You may disclose to third parties such information about the Sessions as you wish.

5.3If you are receiving care or treatment from any medical, healthcare or therapy practitioner, e.g. GP, Psychologist, Psychiatrist or Counsellor, you may be asked to seek their permission before any therapy sessions can commence

5.4Please note that I will be unable to offer my professional services if you suffer from epilepsy or any form of psychosis.

5.5I may ask questions about your medical history to establish any contra-indications to treatment. This will also help to assess whether your health is affecting (or being affected by) the therapeutic goals you wish to achieve. Please update me of any medical changes during your course of therapy. Please let me know if you are returning to therapy after a period of absence.

6. DATA PROTECTION AND INTELLECTUAL PROPERTY

6.1You acknowledge that your personal data will be processed by and on behalf of me as part of me providing you with the Services. I will use and process your personal data in accordance with my Privacy Notice that you can view at Privacy notice.

6.2I 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.

6.3You 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.

6.4I 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 the purposes for which the Sessions were provided only.

6.5You 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

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

7.2Termination 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.

7.3Clauses 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 (Obligation on Termination), 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

9.1Nothing in this Agreement 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.

9.2I 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.

9.3My 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.

9.4If 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.

9.5The 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

You acknowledge and agree that 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).

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

14.1A 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.

14.2The 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 JURISDICTION

15.1This 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.

15.2The 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

16.1The 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.

16.2A 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.

Full Name: _________________________ Signature: _____________________________

Date: _________________________

CONFIDENTIALITY

By signing this form, I consent that Jo Dakin may release information to a specific individual or agency if it has been determined that a vulnerable person (child or elder) is at risk; if I, as a client, am in imminent danger to myself or others; or if a subpoena of records has been requested.

I also understand that, at any time, Jo Dakin may discuss aspects of my case with other colleagues keeping my full name and identity completely confidential always unless I have given permission otherwise.