Terms and Conditions

Jo Creed is a Director of Beyond Training Solutions Ltd.

Standard Terms and conditions –Coaching Services

Beyond Training Solutions Ltd

Office Address: Beyond Training Solutions Ltd,

105 Palewell Park, London, England, SW14 8JJ

Registered Address: Beyond Training Solutions Ltd,

105 Palewell Park, London, England, SW14 8JJ

Registered in England and Wales: 08451744

Standard Terms and conditions – Coaching services

1. Definitions

In this document the following words shall have the following meanings:

“Agreement” means these Terms and Conditions together with the terms of any applicable Quotation Document

“Customer” means the organisation or person who purchases goods and services from Beyond Training Solutions Ltd.

“Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable

“Quotation” means a statement of work, quotation or other similar document describing the goods and services to be provided by the supplier;

“Supplier” means Beyond Training Solutions Ltd

“Delegate” means the person receiving the coaching, facilitation or training

1. COACHING AGREEMENT

1.1. The customer must understand and accept that the coaching services they will be receiving are not offered as a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health or medical conditions. The customer and delegate must also understand that their Coach is not acting as a mental health counsellor or a medical professional. Coaching is not a substitute for counselling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment.

1.2. The delegate must understand and accept that they are fully responsible for their own well-being during coaching sessions, and subsequently.

1.3. All comments and ideas offered in a coaching session are solely for the purpose of aiding the delegate in achieving the defined goals they create with the coach. The customer has the ability to give their informed consent and hereby give such consent to the supplier to assist them in achieving such goals and understand that results are not guaranteed.

1.4. Where coaching is sponsored by an organisation, the content of individual coaching sessions shall remain confidential between the coach and the individual delegate. The Supplier may provide high-level, non-attributable themes or progress updates to the Customer where agreed but will not disclose specific personal information without explicit consent. If the delegates report child, elder abuse or neglect or threaten to harm themselves or someone else, the customer understands that necessary actions will be taken and their confidentiality agreement limited in this capacity. Furthermore, if the supplier is ordered by a court to provide information or to testify, they will do so to the extent the law requires.

1.5. The Supplier shall not be liable for decisions or actions taken by the Customer or delegates as a result of the coaching process. The supplier has no liability for any loss incurred by any customer, whether financial or otherwise, following commencement of coaching sessions, or for any perceived failure by the customer whether justified or otherwise, to achieve a material improvement in quality of life, relationship or business or to achieve their desired outcomes or goals.

1.6. If a delegate or customer needs to rearrange a coaching session, they should provide at least 72 hours’ notice. If a coaching programme is purchased, no refunds will be given to customers for unused coaching sessions. In exceptional circumstances the supplier may need to rearrange a coaching session. In those instances, they will also give the delegate or customer 72 hours’ notice where practical.

1.7. Coaching sessions and programmes are usually paid in advance. Sessions cancelled with less than 72 hours’ notice may be forfeited, except in exceptional circumstances at the Supplier’s discretion.

1.8. In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behaviour by the customer or delegate, actual or potential conflict of interest, or other reasons, the supplier can decide to terminate the service to the customer early or refuse or be unable to provide further coaching sessions to specific delegates the customer. In such a circumstance the customer will be given reasonable notice of termination where practicable and will be refunded any advance payments made for coaching sessions not yet provided.

1.9. The Customer agrees not to directly or indirectly solicit, employ, or engage any associate coach introduced by the Supplier for a period of 24 months following completion of the services without prior written consent.

1.10. The coaching services will be delivered in line with recognised professional coaching standards and ethics.

1.11. Contact between sessions will be limited to reasonable email communication unless otherwise agreed

2. LIMITATION OF LIABILITY

2.1. Except in respect of death or personal injury as a direct result and at the time of the provision of the service due to negligence for which no limit applies, the entire liability of the Supplier to the Customer in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates.

2.2. In no event shall the Supplier be liable to the Customer for any loss of business, loss of opportunity or loss of profits or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or the Supplier had been made aware of the possibility of the Customer incurring such a loss.

2.3. The supplier cannot guarantee the successful outcome of any services provided. Their role is to facilitate open discussion and cannot be held liable for any outcome or subsequent actions or decisions of the customer in relation to the issue being facilitated. The facilitator/ trainer/ coach shall throughout the service provision act as an independent impartial neutral facilitator.

2.4. The supplier shall not be liable to any party for any act or omission in connection with the conduct of any coaching, training or facilitation services, save for any willful misconduct.

2.5. The supplier shall not be called as a witness or as an expert in any pending or subsequent litigation or arbitration relating to the dispute or subject matter of any services provided.

2.6. The provision of the service is provided under UK jurisdiction and within UK contract law. The interpretations, construction, effect and enforceability of these Terms and Conditions shall be governed by English law, and both parties agree to submit to the exclusive jurisdiction of the English courts for the determination of all disputes arising between them.

2.7. The supplier shall not be held liable for any subsequent action of any delegates following attendance on any training, facilitation and coaching. The supplier will provide services in line with the agreement with the customer and cannot be held liable for how the information provided is perceived and actioned by the delegates.

2.8. The supplier will perform any services with reasonable skill and care. For all services the total liability of the supplier under these Terms and Conditions whether in contract, tort (including negligence), breach of statutory duty, or otherwise shall be limited to an amount equal to 100% of the sum of all fees paid by the customer to the supplier due under these Terms and Conditions.

2.9. The Supplier shall not be liable for failure to perform obligations where such failure is due to events beyond reasonable control (including but not limited to illness, technical failure, or force majeure events).

3. SAFEGUARDING CHILDREN AND VULNERABLE ADULTS

The need to share information in order to keep children and vulnerable adults safe from abuse, takes precedence over the usual commitment to confidentiality.

4. DATA PROTECTION

The Supplier shall comply with all applicable data protection legislation, including the UK GDPR and Data Protection Act 2018. Any personal data shared as part of the coaching programme will be processed solely for the purpose of delivering the agreed services and will not be shared with third parties without consent, unless required by law.

5. VARIATION

These terms and conditions may be subject to amendment from time to time. If these terms and conditions are altered you will be notified by email, letter or other appropriate medium. If you have any uncertainties about these conditions as they might apply to you or your course or in-house attendance. It is your responsibility to clarify the situation by contacting us before your course or in-house attendance commences.

6. WAIVER

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at anytime subsequently to enforce all Terms and Conditions of this Agreement.

7. ENTIRE AGREEMENT

This Agreement contains the entire agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.

8. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the English law and the parties hereby submit to the exclusive jurisdiction of the English courts.