Diane Taylor T/A Shetland Resolve of Caradon, Virkie, Shetland,ZE3 9JS (“I” or “me”)
Agreement
1. Thank you for choosing to meet with me for an initial consultation and/or for full therapy/coaching sessions. Please ensure that you read this agreement carefully as not only does it form the legal relationship between us, it also provides useful information about the practical side of your coaching/therapy. When you submit your completed registration form (or, failing that, when you attend the first session), this document will constitute a legally binding agreement between us.
Sessions and cancellations
2. Our therapy sessions (“Sessions”) are scheduled for 60 minutes (an 'initial' session is for up to 30 minutes) and generally will take place on a weekly or fortnightly basis, though in some cases longer gaps can be advantageous and this will be agreed between us at the time. The Sessions will take place at the times and on the dates that we have pre-agreed. All sessions will take place online, by telephone or at Caradon, Virkie, Shetland, ZE3 9JS, unless we have agreed on an alternative venue in which case mileage, travel time (and room hire where applicable) charges will apply. Telephone sessions outside UK, where you ask me to make the call to you, will incur additional charges at network costs per minute charged in advance of the session.
2.1 Where Sessions are held in third party venues, you must 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 may be required to leave the venue if you do not comply with such policies and rules (and we shall not be obliged to refund you any amounts paid in relation to such Session).
2.2 You are responsible for your own belongings that you take to a Session and neither I nor any third party venue can be held liable for any loss, damage, theft or destruction of any of your belongings.
2.3 If you cause any loss or liability to a third party (e.g. by not complying with their policies), you must reimburse us in full and indemnify us against any claim from any third party (and associated costs and expenses (including professional fees) arising out of your actions or inactions while at a third party venue.
(“Regulations”) may apply to the provision of services provided under this agreement, you agree that we may commence the performance of the services before the end of the 14 day cancellation period referred to in the Regulations. If we have already started work on the services by the time you cancel the agreement, you agree to pay me any costs I have reasonably incurred in starting to perform the services. If I have provided the services in full before the expiry of the cancellation period, then you lose the right to cancel. If you cancel this agreement and I have not commenced performance of the services and you have made any payment in advance for services that have not been provided to you, I will refund these amounts to you. Subject to the above, you may cancel this agreement at any time within the cancellation period by using the Form of Cancellation set out in the Appendix to this Agreement.
Fees and payments
8. We will usually start with an initial, exploratory, session for up to 30 minutes at a cost of £40.00. Following the initial session, I will charge you £95 per session or £270.00 for a discounted block of three sessions, including VAT where applicable. Discounted blocks are valid for 6 months from date of purchase. This is payable in advance of the session, or block of sessions, and if payment has not been received in cleared funds prior to the session, I will not proceed with the session. In the case of home visits or alternative venues, mileage charges of 45p per mile from my address in Virkie and travelling time charges range from £10 to £80 depending on the location will apply. Room hire when needed will be charged at cost plus a small admin fee. These charges will be agreed in advance and are payable before we meet. NB. Unless otherwise agreed by prior arrangement your session booking isn’t confirmed until payment has been made. Where available audio downloads from your session(s) are charged at £45 per audio.
Confidentiality
9. We may discuss matters that are sensitive in nature during our sessions. Subject to clause 10 below, I will keep all of such information confidential.
I will treat you with dignity and respect at all times during our appointments and provide a safe and non-judgemental setting in which to explore any issues you wish to address. In return I ask that you commit to the therapy/coaching process by keeping appointments, arriving on time and undertaking any agreed exercises between sessions. If we happen to see each other somewhere else, e.g. in a shop or other public place, I will leave it to you whether you wish to acknowledge me or not and I will never bring up your therapy out with our sessions.
Liability – READ THIS SECTION CAREFULLY
14. Nothing in this agreement shall limit liability for death or personal injury caused by negligence or by fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
15. The Sessions shall be provided with due care, skill and ability. Other than this, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of therapy, no guarantees of any particular results can be made.
16. There shall be no liability for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into this agreement.
17. 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 this agreement shall in all circumstances be limited to the total price paid by you for the sessions in the 12 months preceding any claim.
18. 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.
19. The provisions of this liability section shall survive termination of this agreement.
Data Protection and Intellectual Property
21.We are the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that we use within the Sessions and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other. You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials that we use in the Sessions. We grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable licence to use all or any of the content or material used in the Sessions for the purposes for which the Sessions were provided only.
22.You may not without my prior written consent make any audio and/or visual recordings of all or any part of our Sessions. We may make audio and/or visual recordings of our Sessions with your permission.
Termination
General
24. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Scottish law. The parties irrevocably agree that the court of Scotland shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
By proceeding with this purchase, you hereby agree to these terms and conditions