TERMS AND CONDITIONS FOR GORGEOUS HEARTS SERVICES
This is a legal agreement between you and Gorgeous Hearts Ltd of No. 37 Westfield Drive, Aldridge, WS9 8ZD United Kingdom (Licensor or we) for your purchase of any service that Gorgeous Hearts Ltd offers. Services currently include Perform & shine vocal and confidence coaching specific to performers, Performance Coaching for staff, executives and businesses (referred to as Performance Coaching 4 Success), online somatic vocal awareness courses plus confidence coaching (referred to as Connect & Express) and In Tune With Menopause online course with optional group or one to one coaching specific to well-being during menopause. Some of these services include printed materials and templates. These terms and conditions refer to all services offered.
By booking a session or assignment, you agree to these terms and conditions which will bind you and (if you are an employer) your employee or employees who are being coached.
We describe this as:
Any coaching or mentoring offered by Sharon Wright or Clara Hurtado including: confident expression, vocal technique, performance or business coaching in English or Spanish.
Coaching templates and tools designed for the facilitation of the coaching session or assignment in English or Spanish will be provided if deemed necessary for the Client.
Coaching is a comprehensive process, which may involve all areas of the client’s life including work, business, finances, family, health, relationships, education and recreation.
Coaching is non-advisory
The coaching schedule will be arranged between Sharon Wright and the client and can be booked up to 3 months in advance. Sharon will recommend the frequency of coaching sessions based on a professional assessment of the client’s requirements, however, this is not binding and may be altered and adjusted throughout the coaching journey by mutual agreement, in accordance with the terms set out in this agreement.
The number and frequency of coaching session will be agreed at the start of coaching between Sharon and the client, and confirmed by Sharon by email or written correspondence. Where no specific number is agreed sessions will be provided on a session by session basis.
In return for the fees payable by the client (or by a third party on their behalf), Sharon agrees to provide the service as described above and in accordance with the terms and conditions set out below. The client agrees to pay fees for the service on the terms and conditions set out below (in situations where a third party pays the fees, the third party counts as an agent acting on behalf of the client).
The date that the first coaching session takes place shall be deemed to be the start date for the service. Where any client is unhappy with any of the terms and conditions they can contact Sharon to discuss any concerns and see if they can be resolved before the first coaching session. Participation by any individual in the first coaching session constitutes acceptance of these terms and conditions.
FORMAT OF SESSIONS
Coaching can take place either face to face (the venue agreed by mutual consent), via Skype (Client calls Coach); telephone coaching sessions (Client calls Coach); or other format where such is agreed. Unless otherwise agreed, for Skype and telephone sessions the client is responsible for telephoning Sharon at agreed times. Sharon is responsible for ensuring that she is available for consultation at agreed times.
The length of each session is as agreed between Sharon and the client before coaching sessions commence.
In accordance with Sharon’s current per session fee or fee for an assignment or programme of sessions, or any other such fee as shall be agreed and notified to the client. Sharon will confirm the fees in writing, usually by email, unless this is impractical. The number of sessions for which payment is required in advance will be agreed before coaching sessions commence.
Sharon may agree to provide additional coaching sessions after completion of the initial agreed assignment. These terms and conditions will apply to any additional sessions so provided and the Per Session Fee will remain the same as originally agreed except where Sharon notifies the client in writing by letter or email of a change to the Fee or to any other term or condition in accordance with the section in these terms and conditions headed “Variation of Terms and Conditions”.
DATES AND TIMES OF SESSIONS
The date and time of the first session and any subsequent session will be agreed between Sharon and the Client by phone or email and confirmed by Sharon in an email or letter to the Client.
Sessions can only be rearranged in accordance with the section in these terms and conditions headed “Rearranging Sessions”.
Fees can be paid online by debit or credit card by following the instructions that will be sent in an email to the Client. If this is impractical, payment can also be paid by standing order or by bank transfer, details of which will be sent to the Client by email. Where receipts are requested by the client, they will be sent by e-mail unless otherwise requested.
Fees are payable in advance of each coaching session unless otherwise agreed (Business Coaching may allow for payment on receipt of invoice). Where payment has not been received by Sharon in advance of a coaching session Sharon is not obliged to provide the session.
Where payment is required on receipt of invoice rather than in advance, a charge may be levied for late payment.
Sharon may assign the client tasks or exercises to complete between coaching sessions. There is no obligation on the client to complete these items of ‘homework’, but not doing so may slow the client’s progress in gaining improved quality of life or achieving desired business or personal outcomes.
The client may contact Sharon by phone or e-mail between sessions to seek clarification regarding anything arising from a coaching session or for administrative purposes (e.g. where a client needs to rearrange a coaching session or make a payment). Additional coaching can also be provided between sessions but there will be an additional charge for this. Sharon will always advise a client in advance if the nature of a client’s contact is likely to incur an additional charge and no such charges will be imposed without the client’s agreement.
If a client needs to rearrange a coaching session, they should provide at least 48 hours notice. No refunds will be given to clients for unused coaching sessions unless 48 hours notice has been given. In exceptional circumstances Sharon may need to rearrange a coaching session. In those instances she will also give the client 48 hours notice where practical.
Where a client pays for a session or sessions in advance they must have the coaching session(s) that they have paid for within 6 months of the payment or their fee is forfeited.
Gorgeous Hearts Ltd will only accept cancellations that are made in person to the Coach either via email or telephone. Cancellation of the membership programmes such as In Tune With Menopause or From Anxiety to Harmony, must be made in writing with one month’s notice. No templates will be available once a cancellation is made.
Personal information or business information supplied by clients in coaching sessions will be treated as confidential. It will not be disclosed to a third party without the client’s prior permission, save where required by law or where action might be necessary to prevent harm to the client or someone else.
The Coach shall notify the Client immediately if it becomes aware of any disclosure in breach of the obligations in this clause. At the request of the Client, the Coach will take all such steps as are necessary to prevent further disclosure.
The provisions of this clause shall not apply to:
- any information which is in the public domain at the date of the presentation of the online course or coaching assignment, or which subsequently comes into the public domain other than by breach of this clause; or
- any information already in the possession of the Coach at the date of accepting the Coaching session or assignment, other than under an obligation of confidentiality; or
- any information obtained without any obligation of confidence from a third party that is not in breach of this Clause.
If the coaching session or assignment is arranged and paid for by another stakeholder, matters regarding the Coaching session or assignment may be discussed with the stakeholder with the permission of the client only.
In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behaviour by the client, actual or potential conflict of interest, or other reasons, Sharon can decide to terminate the service to the client early or refuse or be unable to provide further coaching sessions to the client. In such a circumstance the client will be given reasonable notice of termination by Sharon where practicable and will be refunded any advance payments made for coaching sessions not yet provided.
Sharon will seek to enable the client to improve their quality of life or level of business success and to achieve their desired outcomes with regards to the coaching subject focus. Amazing results can be achieved where clients follow a clear plan in a committed and consistent way. However, the client has sole responsibility for taking important decisions in their life or business. Sharon has no liability for any loss incurred by any client, whether financial or otherwise, following commencement of coaching sessions, or for any perceived failure by the client, whether justified or otherwise, to achieve a material improvement in quality of life or business or to achieve their desired outcomes or goals.
VARIATION OF TERMS AND CONDITIONS
Where an Initial Number of Sessions is agreed, any changes to these terms and conditions intended to take effect prior to the conclusion of those Initial Number of Sessions will only have effect if agreed by both Sharon and the Client and confirmed by Sharon in writing by email or letter. In other cases, Sharon may change any of these terms or conditions including the Per Session Fee by giving the client one week’s notice in writing by letter or e-mail of the change(s). If following receipt of such notification of change, the Client no longer wishes to proceed with further coaching sessions, they may withdraw from the service immediately by giving notice in writing by email or letter and they will then be entitled to a full refund of any fees paid in advance for coaching sessions not yet provided. Such notice will be effective on receipt by Sharon.
This contract is governed by the law of England whose courts have exclusive jurisdiction in relation to any dispute, disagreement, proceedings or legal claim of any nature relating to the service provided or the contract.
Please note that we reserve the right to change the templates and tools of any coaching session or assignment in order to improve the material at any time and without notice.
The purchase of the online programmes or courses are subject to the following:
- the prices set out for the relevant product as quoted or advertised; and
- the purchase of the templates and tools required includes the granting of a non-exclusive, non-transferable licence to use the coaching materials on the terms of such licence, which are set out in the following clause.
- receive and possess the coaching tools & templates associated with the online course, coaching session or assignment purchased and use such materials as described in the course or in conjunction with the one to one sessions or assignments and for the supporting nature of coaching, as well as use such as a record of information for the term of the coaching sessions or assignment.
- If you have purchased an online course, coaching session or assignment enjoy all general rights that may be relevant to the specific service or product for your needs, coupled with a licence to use the materials, the scope of which we have agreed with you when providing the services or product.
Except as expressly set out in this Licence the Client undertakes (and the Client undertakes to procure that if they book the programmes, sessions or assignment for their employee(s):
- not to copy the coaching materials without authorisation from Gorgeous Hearts Ltd except where such copying is incidental or necessary for the purposes of completing the relevant coaching session or assignment;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the coaching materials or documentation;
- not to alter, or modify, the whole or any part of the coaching materials and any documentation except when expressly communicated or advised for you to do so by the coach for the benefit of the coaching, nor permit the coaching materials or any part of them to be combined with, or become incorporated into, any other materials;
- to supervise and control use of the coaching materials and documents and ensure that they are used by your employees if this is the case, and representatives in accordance with the terms of this Licence;
- to include the copyright notice of Gorgeous Hearts on all entire and partial copies you may make of the coaching or course materials or documents on any medium;
- not to provide or otherwise make available the coaching materials or documentation in whole or in part, in any form to any person without prior written consent from the Gorgeous Hearts.
- I promise to inform the coach if I am in any kind of therapy and that any medical or therapeutic practitioners involved in my care have been advised of the intention to work with my coach.
I understand that the coaching services received from my Coach 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. I also understand that my Coach is not acting as a mental health counsellor or a medical professional.
For legal purposes, I understand that coaching is currently an unregulated industry and that my Coach, although qualified through an accredited and recognised school, is not “licensed “ by any UK body even though the sessions may take place in the UK.
I understand and agree that I am fully responsible for my well-being during my coaching sessions, and subsequently, for my choices and decisions.
I understand that all comments and ideas offered by my Coach are solely for the purpose of aiding me in achieving the defined goals I create with my Coach. I have the ability to give my informed consent, and hereby give such consent to my coach to assist me in achieving such goals and understand that results are not guaranteed.
I understand that to the extent our work together involves career or business, my Coach is not promising outcomes included but not limited to, increased clientele, profitability and or business success.
I understand that my Coach will protect my information as confidential unless I state otherwise in writing. If I report child, elder abuse or neglect or threaten to harm myself or someone else, I understand that necessary actions will be taken and my confidentiality agreement limited in this capacity. Furthermore, if my Coach is ordered by a court to provide information or to testify, she will do so to the extent the law requires.
I understand that the use of technology is not always secure and I accept the risks of confidentiality in the use of email, text, phone, Skype and other technology.
I hereby release, waive, acquit and forever discharge my Coach, any agents, successors, assigns, personal representatives, executors, heirs and employees from every claim, suit action, demand or right to compensation for damages I may claim to have or that I may have arising out of acts or omissions by myself or by my Coach as a result of the advice given by my Coach or otherwise resulting from the coaching relationship contemplated by this agreement.
I further declare and represent that no promise, inducement or agreement not expressed in this agreement has been made to me to sign this agreement. This agreement shall bind my heirs, executors, personal representatives, successors, assigns, and agents.
INTELLECTUAL PROPERTY RIGHTS
The Client acknowledges that all intellectual property rights in the coaching and course materials, including all audio and video exercises and documentation anywhere in the world belonging to Gorgeous Hearts Ltd. are licensed (not sold) to you, and that you have no rights in, or to, the materials or the documentation other than the right to use them in accordance with the terms of this Licence.
The Licensor may terminate this Licence immediately by written notice to you if
- you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; or
- a petition for a bankruptcy order to be made against you has been presented to the court in the case of companies; or
- the Licensee (where it is a company) becomes insolvent or unable to pay its debts (within the meaning of section 123 of the Insolvency Act 1986), enters into liquidation, whether voluntary or compulsory (other than for reasons of bona fide amalgamation or reconstruction), passes a resolution for its winding-up, has a receiver or administrator manager, trustee, liquidator or similar officer appointed over the whole or any part of its assets, makes any composition or arrangement with its creditors or takes or suffers any similar action in consequence of its debt, unable to pay your debts (within the meaning of section 123 of the Insolvency Act 1986).
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control.
If we fail, at any time during the term of this Licence, to insist upon strict performance of any of your obligations, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
These terms and any document expressly referred to in them represent the entire agreement between us in relation to the purchase of all services offered by Gorgeous Hearts Ltd as described above and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
Third Party Suppliers
Our Service may require third-party services that are not owned or controlled by Gorgeous Hearts Ltd.
Gorgeous Hearts Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party services. You further acknowledge and agree that Gorgeous Hearts Ltd shall not be responsible or liable, directly or indirectly, for any damage, loss or delay caused or alleged to be caused by or in connection with use of or reliance on any such content or services available through any such third-party services.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time.