TerMs & Conditions
Last updated: June 2022
Please read these Terms and Conditions (“Terms”) carefully before using www.sarahcookecoaching.com (the “Site”)
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site or Service.
By accessing or using the Site or Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
All content on the website is owned exclusively by us, and may not be copied, reproduced, or shared in a way which suggests it belongs to anyone other than us. Quotes may be extracted from content on this site in the event that explicit permission is sought from us, and adequate credit is displayed.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by us.
Sarah Cooke has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree I shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Purchase of digital products and services
The below Terms and Conditions of Sale (terms of sale) set out the terms applicable to the sale of this digital product. By confirming your acceptance to these terms of sale and completing your purchase, you understand that you are entering into a legally binding agreement with Sarah Cooke / AhtreeHouse Ltd, a company registered in England and Wales, with company registration number 10758044.
These terms of sale (together with any relevant documents referred to in them) set out the terms on which we supply any of the following products via our site www.sarahcookecoaching.com (the site) to you:
- Digital downloads of audio products to your computer or mobile device
- Digital downloads of video products to your computer or mobile device
- Digital downloads of supporting materials (including booklets and worksheets) to your computer or mobile device
After you have read these terms of sale, you will be asked to confirm that you have read, understood and accept our terms of sale. You will not be able to purchase this or any other anything digital products through our site unless confirmation is given. Any terms that you seek to impose in respect of your purchase of digital products through this site will not form part of any contract between us. Please read these terms of sale carefully before ordering any digital products or services from our site.
By placing an order for digital products, courses, or services through our site, you warrant that you are legally capable of entering into binding contracts, that you are at least 18 years old and that you are purchasing our digital products for your private, non-commercial use only. You further warrant that you will not copy, rent, hire, record, edit, clip, exchange, lend, allow for the public performance, broadcasting, downloading or sharing of files or of access details, with anybody else other than may be allowed under the terms of any licence that is granted to you as a part of the sale.
You are responsible for ensuring that you do not lose, destroy, or damage any digital product you purchase through this site.
You are responsible for ensuring that any hardware you use to download and/or access these digital products function correctly with this site. You acknowledge and agree that the provision of all these requirements is your responsibility and is at your own cost. We are not obliged to ensure that our products are compatible with every manufacturer of mobile handsets.
Placing an order
After placing an order (Including but not exclusive to one-off payments, subscriptions, instalment payments etc) for any digital products, courses, or services via our site, you will receive an on-screen message and e-mail from us acknowledging receipt and setting out the details of your order.
The contract for the purchase of any digital products, courses, or services will only be formed when you have agreed to these terms of sale, we have received payment in full (or your first payment for installment options of course/programme fees) for the digital product, course, or service you are purchasing and we make the digital product available for download or access. We reserve the right, in our sole discretion to reject any order we receive.
All digital products featured on our site are subject to availability. We reserve the right to change or remove a digital product or other content on the site at any time without notice or liability to you.
Digital products will normally be available to download immediately upon purchase. There may be occasions when they are not available and we make no guarantee that any digital product ordered will be made available immediately (for example, if the site is taken down for maintenance or there is another technical issue). In such cases, we will use our best endeavours to give you access to your downloadable digital products as soon as possible following your purchase.
Where we are unable to provide you with any digital products that you have purchased, you agree that we can offer you either alternative goods to a similar value (upon your agreement that the alternative goods are suitable) or a complete refund. We will not be liable for our inability to fulfil a particular order from you.
Price and Payment
The price of any digital product will be as quoted on this site at the current time and will be shown inclusive of any VAT. We reserve the right to make certain digital products available only as part of a different purchase, for example, part of a Service package.
Prices for digital products are liable to change at any time, but changes will not affect orders in respect of which we have already taken payment and made the download available.
Please note that some network/service providers may charge you an additional amount for downloading digital products to a mobile handset. We recommend that you contact your network/service provider to understand the nature and extent of any additional charges before downloading to a mobile device. Note that overseas roaming charges may also apply. We will not be held liable for any such charges.
By providing the details of a credit or debit card or payment account to be debited, you confirm that you are authorised to purchase the digital products and that you have the permission of or are the holder of the credit or debit card, PayPal or other account being used to pay for the transaction. All card payments and cardholder details may be subject to validation checks carried out by us and/or the card issuer. If any validation checks are required, we will not be held liable for any delays or non-delivery nor are we obliged to.
In respect of validation checks and authorisation carried out by the card issuer, if the issuer of your card refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery or any bank charges applied to you. We are not obliged to inform you of the reason for the refusal.
Membership Special Offers
Joining the membership with a special offer discount or price is subject to the payment terms displayed upon joining.
Offers are valid only to the membership at the time of purchase. Should you choose to cancel and re-join any previous discounts or offers will no longer be valid.
We reserve the right to amend, remove, suspend, or update offers at any time without notice or liability to you.
Offers and discounts may include but are not limited to:
- Discounted for annual members.
- Discount is valid only if you stay in the membership for 12 months, after which your renewal price will be the same at the point of purchase. Should the annual fee increase during your 12 months, you will not be subject to any such increase.
- Free months.
- Free months are offered at our discretion.
- Free months may be in any increment of 1-12.
- You accept that joining on a free month basis enters you into a rolling subscription for which you will be charged the full monthly fee as stated at the point purchase after your free month period has ended.
- Rolling discounted membership.
- From time to time we may offer a discounted price on either our annual or monthly membership which rolls over for the entire length of the membership period or until the membership is cancelled.
- Any such rolling discount will be valid on all payments until the membership expires, is ended by you, or is terminated by us.
Intellectual Property Rights
We are the owner or licensee of all intellectual property rights in the site and the digital products you purchase, including any databases that hold relevant information about the site and its products.
All of the digital products that are available for sale on our site are owned or controlled by us. Upon payment of the price for any of these digital products, we grant you a non-exclusive, non-transferable licence to use the digital products for your own personal, non-commercial use.
You shall not redistribute, transmit, assign, sell, commercially exploit, broadcast, modify, adapt, edit, sub-licence, rent, share, lend, or transfer any digital products that you purchase through this site.
We do not guarantee the accuracy of the content of our digital products, and you are responsible for the way you use its content.
We shall not limit or exclude our liability for:
- death or personal injury;
- any financial loss incurred;
- fraud or fraudulent misrepresentation; or
- any act, omission or matter, liability for which may not be excluded or limited under any Applicable Law.
We shall not be liable to you for any indirect, special or consequential loss or damage, including:
- loss of profit;
- loss of savings; or
- loss of contract.
Although we try to ensure our digital products work seamlessly and without errors, we do not warrant that your use of the digital products will be uninterrupted. We are not responsible for any loss or damage you may suffer resulting from any interruptions or although we will do our utmost to rectify any issues you encounter as soon as possible.
Any duty of care owed to you by us is owed to you alone and no duty of care is owed to any third party and we do not assume any responsibility to any third party in respect of the performance of our duties to you.
Events outside of our control
We will not be liable for any failure or delay to perform any of our obligations under a contract for a digital product that is caused by events outside our reasonable control.
- Provision of the Membership will be subject to these terms and conditions and you are deemed to have accepted them when you purchase access to the Membership unless we expressly agree in writing otherwise.
- These terms and conditions along with our Privacy Notice which can be viewed at https://sarahcookecoaching.com/privacy-policy-2 represent the entire agreement between us and apply to the exclusion of any other terms that you may try and impose or incorporate or which may be implied by trade, custom, practice or in any previous course of dealings. Any reference to terms and conditions and/or this Agreement shall be deemed to include the Privacy Notice. For the avoidance of doubt, these terms and conditions shall take priority over any other document in the event a conflict arises.
- The Agreement between us will commence when you purchase access to the Membership and it shall continue until such time as it is terminated in accordance with these terms and conditions.
2. Definition and Interpretation
For the purposes of these terms and conditions, unless the context otherwise requires, the following expressions have the following meanings:
Member: means the person accessing the Membership and paying the Membership Fee;
Membership Fee: means the amount payable in advance by the Member which entitles them to access the Membership;
Membership Period: means the time period of 1 month or 1 year which begins the day after the Membership Fee is paid and continues on a rolling monthly / annual basis;
Membership Services: means any or all of the services provided as part of the Membership including, but not limited to hosting of the Membership Site, access to a private members group, provision of video trainings and workbook downloads.
Membership Site: means the private group located at https://sarahcookemarketing.thinkific.com
Personal Data: means any information which is capable of identifying another individual as further defined within the General Data Protection Regulation 2016/679 (“GDPR”).
3. Access to Membership Services
- You may apply to access the Membership by entering your details and completing our sign-up page. By applying to become a Member you are confirming that you have read and agree to be bound by these terms and conditions.
- The information that you provide when applying to access the Membership must be true and accurate and by applying you are confirming that you are over 18 years of age.
- You will become a Member once we accept your application and cleared payment of the Membership Fee has been received. The decision to accept you as a Member is at our absolute discretion.
- We reserve the right to amend, revise or change the Membership Services we provide, or cancel, amend, change or reschedule any part as we reasonably require without any notice to you. We shall not be liable for any changes, amendments or cancellations that are made to the Membership Services.
- We reserve the right to withdraw your access to the Membership Site and/or the Membership Services and to terminate this Agreement where your conduct is, in our reasonable opinion, offensive, distressing or capable of causing alarm to another Member accessing the Membership Services. Where this Agreement is terminated in these circumstances you will not be entitled to any refund of any Membership Fee already paid.
4. Refund Policy
- No refund policy shall apply to your membership purchase save for Clauses 4.2 and 5.3.
- In the event an unforeseen or unexpected event arises in accordance with clause listed out in “General point 3” then you may be entitled to a partial refund of your Membership Fee paid based on a pro-rata calculation of any Membership Services which are yet to be performed or delivered. The decision to offer a refund in such circumstances is at our sole discretion.
5. Cancellation and Termination
- You shall have the right to cancel your membership with a minimum of 14 working days’ notice prior to the end of your Membership Period
- Where we receive a request to cancel your membership within 14 days from the date on which the first payment of the Membership Fee is made, then you will be entitled to a full refund of the Membership Fee paid (or relevant instalment) as at the date of your notice of cancellation.
- Upon cancellation or termination pursuant to these Terms and Conditions all payments in respect of the Membership Fee shall become immediately due and payable unless such cancellation has been effected pursuant to either Clauses 4.2 or 5.2.
Thrive Mastermind Terms of Service
- Program Outline & Services Provided
The Thrive Mastermind is a 12 month Mentoring / Support Programme
During this time, the Client will receive the following:
- 1:1 support (4 x 1 hour sessions – 1 per quarter unless agreed separately with the Coach, Sarah Cooke)
- Weekly accountability / Q&A calls
- Private Facebook support group
- Additional guest experts as and when deemed appropriate by the Coach
- Access to Healthy to Wealthy Business Accelerator Programme modules
- Access to the Coach within Facebook group and via email at email@example.com, where a response will be received within 48 hours
The above will be provided throughout the duration of the 12 months.
The Coach will confirm the date and time of each weekly session by posting details of the session date and start time into The Thrive Mastermind Facebook Group. The Client understands and accepts that it is the Client’s responsibility to check the private mentoring group regularly and to take note of the weekly Session time.
The Client understands and accepts that it is the Client’s responsibility to attend the Sessions at the agreed time.
In the event the Coach is unable to attend a scheduled Session then the Coach will make all reasonable attempts to provide the Client with as much notice as possible and shall ensure that the Session is rescheduled to a mutually convenient time.
The Client accepts that since the Sessions are all group sessions, in the event the Client is unable to attend a Session or fails to attend a scheduled Session, then the Client shall simply forfeit the right to that Session. Sessions will not be rescheduled if the Client is unable to attend.
Should the Client require any further contact in addition to the scheduled Sessions or the further contact as set out above then such contact will be in addition to the Services agreed herein and a further agreement will need to be arranged and separate terms agreed.
In the event that the Client is invited to attend virtual or in person retreats, events or similar then the Client shall be responsible for arranging and funding their own travel and accommodation in order to participate in such activities. Any such additional retreats or events may require signature of an additional waiver prior to booking / attending.
The Coach reserves the right to make amendments, revisions or changes to the Programme or cancel, amend, change or reschedule any part of the Programme as is reasonably required by the Coach. The Coach shall not be liable to the Client for any changes or cancellations that are made.
2. Payment and Payment Plans
You have agreed to pay either in full with a single payment or to pay in instalments spread across 12 monthly payments or as agreed with the Coach.
If paying by instalments, the first payment is due prior to starting the Programme.
Automated payments for the number of payments required are set up at the start of the programme and must be adhered to. Payments not received within 10 days of the due date may result in an admin fee or cessation of services and the Coach reserves the right to refuse completion or delivery of work until past due balances are paid.
The Coach may also permit additional payment plans on a case by case basis, in writing, for individual clients. Should the Client come to an agreement with the Coach regarding a different payment plan in writing, that payment plan shall be controlling, and shall be considered incorporated by reference herein and part of this Agreement.
Full payment for the entire Programme is due from you to the Coach, regardless of whether it is completed or you discontinue participation. All fees due under this Agreement are non-cancellable and the sums paid are non-refundable.
- The Coach is not able to offer refunds once Client has purchased the Programme. Client understands this provision and agrees that he or she is not entitled to a refund once payment has been issued, nor is Client eligible to cease payments for any reason, prior to completing the agreed upon payment plan, and understands the entire amount as outlined above is Client’s responsibility. Should Client become dissatisfied with the Programme, or otherwise wish to discontinue her participation, Client understands this is not a valid basis for failing to complete the Payment Plan, and that Client is responsible to complete payment in full regardless of his or her participation in the Programme.
- Client further agrees and understands that changing her mind about the Programme, failing to follow through or understand the details of the Programme, not experiencing the results she expected or desired, or experiencing any other similar situations does not entitle her to a refund.
- In the event an unforeseen or unexpected event arises that prevents the Coach from delivering the Programme and the Services as set out within this Agreement, the Client may be entitled to a partial refund of the amounts actually paid and not yet earned as at the date of the event, based on a pro-rata calculation taking into account resources, materials and Sessions already provided and number of Sessions remaining. The decision to offer a refund in such circumstances is at the sole discretion of the Coach and will be decided on a case by case basis.
The Client is responsible for ensuring that payment of the Fee or any instalment of the Fee is paid in full and on time in accordance with the payment terms set out above in this Agreement.
If payment of the Fee or any instalment of the Fee is beyond 7 days overdue, then the Coach shall be entitled to any or all of the following remedies:
- to withhold delivery of Services until payment has been made in respect of the outstanding amount;
- to apply a fixed sum charge of £50 to the Client’s account;
- to apply interest to the Client’s account on a daily basis as from the date payment is due until full payment (including accrued interest) is received by the Coach. Interest will be calculated on the outstanding Fee at a rate of 8% over the Bank of England’s base rate from time to time.
- In the event a Client’s account is beyond 30 days overdue the Coach shall be entitled to instruct a collection agent or solicitor to seek recovery of the Fee along with interest and any accrued costs incurred.
3. Start and End Date
Your 12 month Mastermind Programme starts at the agreed start date with the Coach and runs for 12 calendar months.
- The Coach is committed to providing all Program participants with a positive experience. By purchasing the Programme, the Client agrees that the Coach may, at her sole discretion, terminate this Agreement and limit, suspend, or terminate the Client’s participation in Programme without refund or forgiveness of any remaining monthly payments, if the Client fails to pay any portion of the payments as agreed, becomes disruptive or difficult to work with, acts in a way which causes offense, distress, or alarm to any other participant, fails to follow Programme guidelines, acts inappropriately toward the Coach, Coach’s team, or other members within the Programme, breaches these Terms of Service in any way, or otherwise impairs the participation of Programme instructors or other participants.
- This Agreement may be terminated by either party providing written notice in the following circumstances:
(1) either party commits a material breach that is not cured within fourteen (14) days; or
(2) either party commits a material breach that is incapable of being remedied.
- Upon termination for any reason, the Client’s access to Programme, access to any private social media accounts or groups, and any other online resources, will be removed, unless expressly agreed otherwise. The Coach will not be liable to the Client for any claims relating to the removal of that access.
- Should the Client be removed from the Programme for any such cause, as deemed necessary by the Company, the Client is not relieved of his/her/their obligations under the Payment Plan, and agrees he/she will remain responsible for completing the payments as agreed upon, unless otherwise directed by the Coach.
- Coach reserves the right to immediately terminate Client’s participation in and access to Programme upon breach of any provision herein, in its sole discretion, including defaulting on payment plans. For clarity purposes, the Coach may also terminate Client’s access to the Programme due to any unwanted behaviour, including but not limited to constantly speaking negatively about the Coach and/or the Programme in a way that impacts other clients within Programme, bullying or otherwise negatively impacting other clients, failing to commit to the Programme and do the work to be successful. Unless otherwise agreed upon in writing and signed by all parties, termination by the Coach will not relieve the Client of his/her obligation to complete all payments owed in connection with the Programme.
- The Client may terminate this Agreement at any time by issuing a written notice to the Coach advising of Client’s intention to terminate his/her participation in Programme. Please note any termination by Client will not relieve Client of his/her financial obligations. Client will still be responsible for completing any and all remaining payments in a payment plan, and will not be entitled to a refund for any funds paid to the Coach. The Client understands that by committing to the Programme and purchasing a coveted place within the Programme, the Client understands the financial commitment he/she is making, and that any election to end participation in the Programme or failure to participate in the Programme will not entitle the Client to any refund, or to stop making payments to the Coach under a payment plan agreed to herein.
We are entering into a coaching relationship and there is not, or ever will be, any kind of psychological counselling.
- The purpose and goal of the Programme is to provide the Client with coaching and mentoring services. Client is paying for the Coach’s opinions, education, support, guidance, and information only. Programme and content contained within the Programme is not to be considered business, financial, legal, or medical advice. The Client is voluntarily electing to take part in the Programme and understands what he/she/they are and are not getting as part of Programme.
- The Programme may include general suggestions regarding coaching and online business success; such suggestions are not personalised recommendations and do not constitute health, business, or medical advice, nor do they mean the Client should always make the same suggestions or teach the same methods when working with other clients. The Coach is not responsible for any decision the Client may make to implement something mentioned within the Programme, or any recommendation the Client may make to a client of his/her/theirs following participation in the Programme, and the Client understands any decision to change the Client’s lifestyle, or suggest others change their lifestyle is completely voluntary and the sole decision of the Client. The Client understands the Coach is not responsible for any such decision by the Client to follow or not follow the information and guidance suggested herein, and that the Client is responsible for his/her own actions and decisions, as well as the recommendations and teaching he/she may provide his/her future clients. The Coach is to have absolutely no liability with respect to the Client’s business success, future clients, or what the Client elects to do following his/her participation in Programme.
- The information contained in or made available through the Programme cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical, psychological, therapeutic, or legal matters. In particular, the Client should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. The Coach and its licensors and suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through Programme. Neither Coach nor any of their affiliates will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. The Client alone is responsible and accountable for his/her decisions, actions and results in life, and by his/her purchase and use of Programme, he/she agrees not to attempt to hold the Coach liable for any such decisions, actions or results, at any time, under any circumstance.
- The events, information, and speakers listed on Programme’s sales are subject to change due to availability, timing, and/or other factors within or outside our control. Substitution of a guest speaker or minor edits to the Programme content does not entitle the Client to a refund, nor does it constitute a breach of these Terms by the Coach.
The Client acknowledges and understands that the Programme is a group programme and that the sessions are group sessions hosted by the Coach or member of the team. The Client agrees to conduct him/herself in a reasonable and responsible manner at all times during the Programme and within the associated Platforms. In the event that the Client acts in a way which is disruptive, or which causes offence, distress or alarm, to any other student within the Programme, the Client will be excluded from the group, calls and /or removed from the Programme without refund. Following such removal and exclusion, the Coach will arrange a meeting with the Client to discuss the matter and to determine whether the Client will be removed and/or excluded permanently. Such decision to be at the Coach’s absolute discretion.
An important part of the coaching relationship is the Coach’s role in finding challenges and encouraging the Client to push herself. If the Coach does or says anything that upsets you please do let the Coach know. We want to provide you with the support you need and believe that honesty and trust is critical for our relationship to grow. We want this to be an open and safe place for you to come with confidence.
- The Client acknowledges that during the engagement the Coach will have access to and become acquainted with various trade secrets, inventions, innovations, processes, information, customer records, methods, customer lists, accounts and procedures.
- The Client agrees that The Coach will not disclose any of the previously mentioned, directly or indirectly, or use any of them in any manner, during the term of this Agreement or at any time thereafter, except as required in the course of this engagement with the Client. All files, records, documents, specifications, information, letters, notes, media lists, original artwork/creative, notebooks and similar items relating to the business of the Client, whether prepared by the Client or otherwise coming into the Coach’s possession, shall remain the exclusive property of the Client. The Coach shall not retain any copies of the foregoing without the Client’s prior written permission.
- This Agreement is considered a mutual non-disclosure agreement, meaning both Client and Coach agree not to disclose, reveal, or make use of any confidential information learned by either party during discussions, Coaching sessions, calls, emails, or otherwise. Such “Confidential Information” includes, but is not limited to, coaching strategies, proprietary methods of Programme, proprietary methods belonging to the Coach regarding methodologies Client learns as a result of working with the Coach, plans or outlines for future programs or packages, information contained in documents or any other original work created by the Coach, and any and all other intellectual property (discussed below.)
- Client and Coach agree that the responsibility to refrain from disclosing or sharing any and all Confidential Information learned as a result of Program shall survive the expiration of this Agreement and Coach’s services.
- Due to the group nature of the Programme, the Client also understands he/she may have access to confidential information shared by other clients of the Coach during group calls, if any, and/or other similar coaching mediums. The Client understands his/her/their obligation to keep such information private, which includes an agreement not to share the information with anyone, as well as the agreement not to copy, use, or otherwise compromise another client’s information, per the intellectual property paragraph below. Should the Client breach this provision and disclose confidential or proprietary information belonging to Coach or another participating in the Programme, the Client understands additional action may be taken by the Coach up to and including legal action.
- The Client will keep any username and password required to login to the Programme strictly confidential, and is forbidden from sharing such information with any third party. The Client is responsible for all usage that occurs under his/her account, regardless of whether it was the Client personally taking the actions. Third- party platforms including but not limited to email, Trello, Zoom, Instagram, Facebook etc may be used during Programme in order to communicate with clients, and/or deliver services as outline here.
- Client also agrees he/she/they will not compete with others in the Programme in a way that may damage their business or client relationships, including but not limited to attempting to take clients from one another and/or the Coach, speaking negatively about another Programme participant, attempting to copy or use coaching materials created by another participant, or otherwise acting in a manner that could hurt the business of another Programme participant. The Client also agrees to refrain from employing, engaging, or attempting to induce any of the Coach’s employees, contractors, clients, or prospective clients without the Coach’s express written consent. Suspicion of doing so may result in the Client’s removal from the Programme without refund. The Client will not canvas, promote or advertise their products or services to any employee, client or contractor of the Coach or use their participation within the Programme to promote or advertise their products or services without the Coach’s express consent.
8. Intellectual Property
The coaching, information, content, materials, and services (and any intellectual property and other rights relating thereto) are and will remain the property of the Coach. In order to honour and protect the Coach’s intellectual property, the client agrees not to disclose, communicate, copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, sublicense, sell, decompile, in any way share information about the Coach’s materials, written articles, or methods to any third parties without express written permission, or elsewhere provided in this Agreement and participation in the Mentoring dictates. The Coach will also protect any client intellectual property or personal/business information that may be discussed.
Any misuse of any of the Coach’s intellectual property may result in court action, civilly and criminally, to the fullest extent of the law.
The Client understands that in purchasing the Programme, she/he is gaining access to view all content and information available as part of the Programme, as well as any additional information or content shared with him/her by the Coach as she sees fit. Client may also have the opportunity to download forms, worksheets, modules, and other resources for personal use and use in connection with his/her business, but are NOT to be resold, reused, shared, or otherwise distributed by the Client. The Client understands this means he/she/they will have been granted a limited, revocable, non-transferable license to read and use the information provided for use in his/her business and life, as instructed or allowed by the Coach. As a “Licensee,” the Client understands and agrees that the Client will not:
- Copy, edit, distribute, duplicate or steal any information or any Content obtained through Programme without written permission by the Coach;
- Post, distribute, copy, steal or otherwise use any portion of the Programme or its content, or information obtained via other members in the group Programme without written permission by the Coach, and understand that any such use may constitute infringement, which may give rise to a cause of action against the Client.
iii. Claim any content created by the Coach as part of the Programme or otherwise given to Client is his/her own, meaning he/she cannot claim any content created by the Coach was the Client’s work, and use in his/her business as his/her own.
- Share purchased materials, information, content with others who have not purchased them.
- Use any trademarked or copyrighted material belonging to the Coach or another third party without express written permission.
- Client further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute infringement and/or theft of the Coach’s work, and a violation of this Agreement and British laws.
Testimonials: Based on Client’s experience and outcomes relating to his/her use of the Programme, the Coach may wish to feature the Client, and/or any portion of the Client’s experience, story, or results in connection with marketing for the Programme. The Client understands that should any of his/her comments, posts, reviews, or information relating to experiences and/or outcomes be used, in whole or in part, in connection with the Coach’s future marketing for the Programme or any other programme within the Coach’s product suite, whether on website, in paid advertisement, on social media, or any other manner deemed suitable by the Coach and Coach’s team, the Client is not entitled to any payment and will not request any form of payment or favourable treatment in return.
9. Client Responsibilities
You agree that full participation is necessary to achieve your goals in this Programme. Missing any portion of it or incomplete participation may have a negative impact on the effectiveness of the advice given. As such, you commit to being present and on time for all sessions of the course. Should the occasion arise for any 1:1 sessions the Coach will make best efforts to reschedule the call, however, no guarantees can be made to ensure that a rescheduled session will be set for the Client’s particular absence. In any event, cancellation with less than 24 hours’ notice will result in a lost session without a refund of any instalment payments made or due to be paid.
The services to be provided by the Coach to the Client occur online. Coaching, which is not advice, therapy or counselling, may address specific personal projects, business successes, or general conditions in the client’s life or profession. However, participation in this Programme does not guarantee specific outcomes, including increased financial gains, personal, or business success.
The Client accepts and agrees that they are one hundred percent (100%) responsible for their own progress and results. The Coach makes no representations or guarantees verbally or in writing regarding any results gained as the result of participation in the group course or the purchase of any books and materials. The Coach makes no guarantee or warranty that the course will meet your requirements. As with anything in life there are no guarantees and your success is dependent on your efforts outside of our coaching as well therefore no guaranteed are being made for specific outcomes, including increased financial gains, personal, or business success.
The Client accepts and understands that they are solely responsible for making decisions and taking appropriate action as a result of any matters reviewed or discussed during the Programme and that the Coach shall not be liable for the Client’s failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of the Client’s participation in the Programme.
The Client acknowledges and understands that the Programme is a group programme and that the Sessions are group sessions hosted by the Coach. The Client agrees to conduct themselves in a reasonable and responsible manner at all times during Sessions and within The Thrive Mastermind Facebook group and not to act in a manner which may cause offence, distress or alarm to any other member of The Healthy Business Mastermind Facebook group or any other individual attending a Session (A “Programme Participant”).
In the event the Client acts in a way which is disruptive, or which causes offence, distress or alarm, to any other Programme Participant then the Client will be excluded from the Session and /or removed from the The Thrive Mastermind group. Following such removal and exclusion the Coach will arrange a meeting with the Client to discuss the matter and to determine whether the Client will be removed and/or excluded permanently. Such decision is to be at the Coach’s absolute discretion.
The Client accepts and understands that any materials and information provided during the course of the Programme and delivery of the Services is for general information purposes only and does not constitute legal or financial advice.
The Client agrees that they will not canvass, promote or advertise their products or services to any employee, client or contractor of the Coach or use their participation within the Programme to canvass, promote or advertise their products or services without the Coach’s express consent, such consent not to be unreasonably withheld.
The Client agrees that during the Programme and for a period of 12 months afterwards, that they shall not solicit any of the Coach’s clients or prospective clients without the Coach’s express consent, such consent not to be unreasonably withheld.
The Client agrees that for the duration of the Programme and for a period of 24 months afterwards, that the Client will not employ, engage or attempt to induce, employ, solicit or entice away from the Coach any of the Coach’s employees,
or contractors that were engaged, employed or contracted to the Coach at any point during the period of the Programme without the Coach’s express consent in writing, such consent not to be unreasonably withheld.
This agreement may be altered, amended, changed, or updated based upon updates in Programme or current relevant laws. The Client will be notified of any material changes to this Agreement, and Client’s continued use of Programme constitutes an agreement to the most updated version of this Agreement.
- The failure of either Party to actively enforce any provision of these Terms and Conditions shall not prevent that Party from subsequently seeking to enforce any term or obligation of this Agreement and any such failure shall not constitute a waiver, diminution or limitation of any right.
- In the event any provision of this Agreement is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
- Every effort will be made to deliver the Membership Services in accordance with this Agreement but we shall not be liable for any delay or failure in provision of the Services should we be prevented or delayed by reason of an Act of God, Strike, War, Riots, Lock Outs, Fire, Flood, Accident, Delays in Transit, any Act or Omission of a Telecommunications officer or Third Party Supplier of Services, or any other circumstances beyond our control. In such circumstances time of delivery of Services shall be extended until a reasonable time after the event preventing or interfering with the due execution, and under no circumstances will we be liable for any loss or damage suffered by you as a result thereof.
- This Agreement shall be governed by the exclusive jurisdiction of the Courts of England and Wales and the laws from time to time in force.
- You agree that no other representations have been made by us to induce you into purchasing the Membership and no modification or variation to this Agreement shall be effective unless in writing and signed by us both.
If you have any questions about these Terms, please contact us at firstname.lastname@example.org