Terms and Conditions
Terms referred to in this contract are interpreted to mean the following:
a. “Me, Us or I” means Collette Bryson trading as Engage Life Coaching.
b. “You” means the client and participant in the Coaching Sessions, workshop or webinar
c. “Session” means the coaching calls, meetings, trainings, workshops, webinars or services between us will be referred to as a session or sessions (including workshops and webinars).
d. “Website” means www.engagelifecoaching.com
e. “In writing” means by email, text or any electronic means of communication.
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Terms of Engagement:
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1.1 You are engaging with Collette Bryson trading as Engage Life Coaching to provide coaching services to you as per the terms of this agreement.
1.2 This contract between us will commence on the date you first schedule or pay for a session (whichever is earlier) and continue until the paid services have been delivered/session or sessions have taken place.
1.3 Your sessions will take place via Zoom (or equivalent) or in any other manner agreed in writing.
1.4 You have access to me only in the sessions as agreed and not by text messages, Facebook messenger or any other social media source, unless otherwise agreed between us in writing. You are of course permitted to use these sources in case of an emergency, for example to cancel a session.
1.5 Please note your personal information will be deleted after 2 years of us working together.
1.6 Any email or other communication with me shall be replied to within a reasonable time, given normal working hours, holidays and work commitments. I shall endeavour to reply within the next working day, where reasonable.
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Sessions and Cancellations:
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2.1 The date, time, duration and location of sessions will be agreed between us in writing, and ideally booked via my online calendar.
2.2 In some circumstances, sessions may need to be rescheduled by either party. It is hereby agreed that this will be with as much notice as possible with a minimum of 24 hours prior to the session.
2.3 If you need to reschedule one of your coaching sessions, you should provide me with as much notice as possible by emailing [email protected] and I will endeavour to reschedule the session to a mutually convenient date and time.
2.4 If you provide me with less than 24 hours’ notice or fail to provide me with any notice, your session will be lost and will not be replaced or refunded, unless in the case of exceptional circumstances, and in that case, at my discretion.
2.5 If you arrive late for an agreed session, the time in your session will be lost and not replaced, save for the same extreme and exceptional circumstances and in that case, at my discretion.
2.6 Where 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 in such case your session/time will be lost.
2.7 You 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, including any vehicle which is parked at your own risk.
2.8 You agree to reimburse me in full and indemnify me 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.
2.9 You will have your mobile telephone on silent for the duration of the session, as mine will be.
2.10 You are not permitted to have any third-party attend or contribute to the session.
2.11 You are not permitted to record any session.
2.12 In the case of technical problems affecting the connection or quality of any meeting, all reasonable steps will be taken by each party to resolve these issues. I will endeavour to use a wired connection where possible. It is your responsibility to ensure that you have a connection capable of sustaining the online call and the capability to view any shared document.
2.13 Your camera should be on for the duration of the session.
2.14 In the case of your attendance at any Workshops/Webinars run by me, these terms and conditions also apply. Webinars and workshops are intended as general content, and not specific advice to any one participant. The rules, terms and conditions regarding attendance, conduct, confidentiality etc will be outlined at the beginning of any such workshop/webinar and attendance at same shall be deemed an acceptance of said rules, terms and conditions.
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Duties and Obligations:
3.1 I shall provide all services and sessions with due care, skill and ability.
3.2 Other than as set out in clause 3.1 above, all warranties and representations are excluded to the fullest extent permitted by law.
3.3 The coaching relationship is designed to be co-active and equal. I am not in a position of expert, and I do not offer advice. If you require professional advice of another nature (legal, accounting, medical, counselling etc) you must seek it elsewhere. Engaging in coaching sessions is no guarantee of your desired outcome. In particular, any sessions/services regarding CV preparation, job application preparation, job interview coaching, career coaching or career change does not guarantee success or an offer of employment. To get the best out of the sessions it is expected that you come fully prepared to your sessions with a stated agenda/topic you want to discuss during our session and to have carried out any tasks or research agreed at any previous session.
3.4 I will endeavour to ensure that all information that I provide is accurate and up to date, but I shall not be liable for any claims arising from such information being inaccurate or not up-to-date or otherwise.
3.5 You acknowledge and agree that your personal data will be processed by and on behalf of me as part of me providing the sessions to you.
3.6 I acknowledge that while providing the services I will have access to confidential information, and I 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 and/or (b) any use or disclosure which I in my absolute discretion consider necessary or advisable to prevent illegal acts or harm to you or to others
and/or
(c) any information which is already in, or comes into, the public domain otherwise than through my unauthorised disclosure.
3.7 At all times I will adhere to the ICF Code of Ethics available here.
3.8 We both agree to treat each other with dignity and respect. Any bad language, threatening or intimidating behaviour will result in immediate cessation of the contract. In which case the session will not be rescheduled, and no refund shall be made.
Fees and Payment:
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4.1 Total payment due shall be paid in full on scheduling of the session(s) and is to be made by any method as agreed between us or that is detailed on my site (which may vary from time to time).
4.2. The payment amount is as set out on the “work with me”/”my services”/”prices and payment” section of my website or as otherwise agreed between us in writing.
4.3 Without prejudice to any other right or remedy that I may have, if any sum payable under these terms is not paid within 30 days of the date due, I reserve the right to
(i) charge interest from the date due for payment to the actual date of payment at the rate as set out in European Communities (Late Payment in Commercial Transactions) Regulations 2012 or any equivalent subsequent Regulation.
(ii) suspend the availability of the session(s) until such time as payment is made.
4.4 Please note due to services being provided and time allocated for sessions, save for extreme circumstances, all payments are non-refundable.
4.5 I reserve the right to charge for travel, parking, accommodation and subsistence and such payments shall be agreed in writing in advance.
4.6 Engage Life Coaching may extend credit terms on an individual basis and where so agreed, this shall be stated in writing. Engage Life Coaching reserves the right to charge interest on any late payments as per paragraph 4.3 (i) and/or suspend services as per paragraph 4.3 (ii) herein should credit terms be breached.
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Terms and Termination:
5.1. The Contract shall continue until session(s) have been delivered. Any further sessions booked will be the subject of a new contract and subject to the terms and conditions, including fees, applicable at that time.
5.2. Notwithstanding the provisions of paragraph 5.1, either of us may terminate the Contract on written notice to the other with immediate effect if at any time:
5.2.1. The other commits any serious or repeated breach or non-observance of any of the provisions of these Terms; or
5.2.2. The other (i) makes a resolution for its winding up, (ii) makes an arrangement or composition with its creditors, (iii) makes an application to a court of competent jurisdiction for protection from its creditors, (iv) is unable to pay its debts, (v) ceases trading or an administration or winding-up order is made or an administrator or receiver is appointed in relation to such party, (vi) is declared bankrupt or (vii) is convicted of a custodial offence (other than a road traffic offence); or
5.2.3. The other party commits any fraud or dishonesty or acts in any manner which in the opinion of the terminating party brings or is likely to bring the terminating party into disrepute or is materially adverse to the interests of the terminating party.
5.3. On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under these Terms (which for the avoidance of doubt shall include any remaining instalments regardless of the point at which the Contract is terminated).
5.4. Termination of this agreement shall not affect either of our accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this Contract, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
5.5. Any delay by me in exercising my right to terminate the Contract shall not constitute a waiver of my right to terminate or to seek any other remedy.
5.6. Paragraphs which expressly or by implication have effect after termination of the Contract shall continue in full force and effect after the date of termination of the Contract.
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Liability:
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6.1. I shall not be liable for any loss of income, loss of profits, loss of opportunity, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of or resignation from employment, loss or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by the you as a result of you entering into the Contract and/or us providing the session(s).
6.2. My 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 the Contract shall in all circumstances be limited to the price paid by you for the session(s) or service.
6.3. If 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.
6.4. I shall not be liable for additional costs incurred by you because of changes in the location of venues, the time and date of sessions or any other matter such as travel or subsistence costs.
6.5. You acknowledge and agree that:
6.5.1. The Contract constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the sessions.
6.5.2. In entering into the Contract, you have not relied on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to the Contract or not) relating to the provision of the sessions other than as expressly set out in the Contract.
6.6 In engaging me to prepare CVs, job applications etc you understand that you may share sensitive data with me. All data is dealt with as per my privacy policy.
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Intellectual Property/Ownership:
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7.1 All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, “content”), including but not limited to the design, structure,
selection, coordination, expression, “look and feel” and arrangement of such content, contained on the website is owned, controlled or licensed by or to Collette Bryson t/a Engage Life Coaching. 7.2 Except as expressly provided in these Terms, no part of the Site and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication, distribution or for any commercial enterprise, without Collette Bryson t/a Engage Life Coaching’s express prior written consent.
7.3 Collette Bryson t/a Engage Life Coaching shall retail ownership of all work until all fees and any applicable interest is discharged in full. This includes content for CVs and job applications.
7.4 Collette Bryson t/a Engage Life Coaching shall retail ownership of all work involved in the creation of content for any training and/or speaking events, webinars and/or workshops including but not limited to training proposals, slide decks, handouts, workbooks. No such work or content shall be copied or distributed to anyone other than the audience for which it was intended without prior written consent.
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Speaking and Training Engagements:
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8.1 All events are bespoke and created individually and the content remains the property of Collette Bryson t/a Engage Life Coaching. No content shall be replicated, copied, reused or distributed without prior written consent. No recordings of any such events shall take place without prior consent. No participant or client shall take, publish or distribute photographs of any aspect of the event (including participants, content, slides etc) without prior written consent.
8.2 Should Collette Bryson t/a Engage Life Coaching authorise the sharing of recordings, such recordings shall only be shared within the ethernet of the client company and not externally.
8.3 any promotion material for any such events must be pre-approved by Collette Bryson t/a Engage Life Coaching before publishing.
8.4 Collette Bryson t/a Engage Life Coaching retains the right to promote the event and to use any images/videos/social medial posts/feedback/reviews received in any future promotional material.
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General:
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9.1. By scheduling a session, you warrant that:
9.1.1. You are legally capable of entering into binding contracts; and
9.1.2. You are at least 18 years old; and
9.1.3. That all information you provide me with is materially true and accurate at all times and not misleading in any way.
9.2. You accept that communication with us will be mainly electronic. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that I provide to you electronically, comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
9.3. If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
9.4. A person who is not a party to the Contract shall not have any rights to enforce any term of the Contract.
9.5 The Contract 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 Terms and conditions: Terms referred to in this contract are interpreted to mean the following: a. “Me, Us or I” means Collette Bryson trading as Engage Life Coaching. b. “You” means the client and participant in the Coaching Sessions, workshop or webinar c. “Session” means the coaching calls, meetings, trainings, workshops, webinars or services between us will be referred to as a session or sessions (including workshops and webinars). d. “Website” means www.engagelifecoaching.com e. “In writing” means by email, text or any electronic means of communication.
9.6. We each irrevocably agree that the courts of Ireland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Contract or its subject matter or formation (including noncontractual disputes or claims).
9.7. Unless the context otherwise requires, a reference to one gender shall include a reference to any gender.
9.8 In the case of your attendance at any Workshops/Webinars/Trainings/Speaking Engagements run by me, these terms and conditions also apply. Webinars, workshops trainings and Speaking Engagements are intended as general content, and not specific advice to any one participant. The rules, terms and conditions regarding attendance, conduct, confidentiality etc will be outlined at the beginning of any such workshop/webinar and attendance at same shall be deemed an acceptance of said rules, terms and conditions.
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