Mastering the Madness Live Online Course Agreement

This Agreement (“the Agreement") is made on the date stated at the bottom of the Agreement between the Consultant (as defined in Schedule 1) and the Client (as defined in Schedule 1 and being, “You” "Your" or “the Client”) (together, "the Parties").

By signing this Agreement, the Parties are agreeing to abide by the terms and conditions of this Agreement as set out below.
 
Introduction 
In accordance with the terms and conditions set out within this Agreement the Consultant agrees to provide the Services as defined below to the Client in exchange for payment of the Fee (as defined below). 
1.   The Programme

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1.1  By entering into this Agreement the Client understands and accepts that they are entering into a programme for the provision of training services (the “Programme”) which is to be delivered by way of 6 live group sessions (the “Sessions”) in accordance with the terms of this Agreement. 

1.2  The Programme is detailed and shall be delivered pursuant to the terms set out in Schedule 1 to this Agreement.

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1.3  The total cost of the Programme ("the Fee") which the Client shall pay is set out in Schedule 1 together with the payment terms.

1.4 Once the Initial Payment (as defined in Schedule 1) has been received in cleared funds, the Consultant shall confirm receipt to the Client and provide access to the Programme. The Programme begins with the orientation session on 28th February 2022 and all Clients entering into this agreement before that date will gain access from 28th February 2022.
 
2. The Services
 

2.1 The services to be provided by the Consultant as part of the Programme shall include training and support services (“the Services”) which are designed to support the Client in achieving growth within yourself and your business.

2.2 In delivering the Services the Consultant agrees to provide them with reasonable care and skill.

2.3 The Consultant will deliver the Services by way of Sessions which will take place via Zoom, Streamyard or a Facebook Live in the exclusive group for the February 2022 cohort (hereafter referred to as the Facebook Group).

2.5 The Consultant will confirm the date and time of each Session by posting details of the session date and start time via the notification method referred to in Schedule 1 ("Notice").  The Client understands and accepts that it is the Client’s responsibility to check the method of Notice.

2.6 The Client understands and accepts that it is the Client’s responsibility to attend the Sessions at the agreed time.  All times will be published in GMT/UTC and it is the Client's responsibility to validate the appropriate time for their time zone.

2.7 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 but recordings will be made and shared within the Facebook Group.

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2.8 The Consultant 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 Consultant. The Consultant shall not be liable to the Client for any changes or cancellations that are made. 
 

3. Client's Obligations
 
3.1  The Client accepts and acknowledges that entering into this Agreement does not establish any form of legal business relationship and that the Consultant is only liable to the Client in respect of the Services provided and to the extent as set out herein.

3.2 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 Consultant 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.

3.3 The Client acknowledges that it is their responsibility to attend the Sessions as agreed and during such sessions to participate fully, and communicate openly and honestly.  All live content will be filmed and made available via the members area within 48 hours of the session to allow you to catch up if you cannot make the live sessions.

3.4 In the event the Client has any concerns as to the Consultant’s delivery of the Services or the Client’s participation in the Programme in any way the Client agrees to notify the Consultant of such concerns by email as soon as possible. The Consultant agrees that upon receipt of notification of such concerns that the Consultant will use reasonable efforts to work with the Client to resolve the Client’s concerns.

3.5 The Client understands that, once signed, this Agreement can only be cancelled or terminated in accordance with the relevant provisions contained within this Agreement and that refunds only apply as set out in Clause 5.

3.6 The Client confirms that all information provided to the Consultant, including information which is personal and/or confidential, is true, correct, up to date and complete.

3.7 The Clients agrees and understands that participation in the Programme does not guarantee results or success. As part of the Programme the Client will have access to information, resources, people and support all designed to benefit the Client but it is the Client’s responsibility to take action and to implement the necessary information received and/or skills or tools shared.

3.8 The Client agrees to indemnify and hold harmless the Consultant for any action taken against the Consultant due to the Client’s violation or disregard of:
               a)            any provision of this Agreement;
               b)            the Client’s participation in any way in the Programme.

The above also applies to live online classes.  Once the purchase is made, a refund cannot be issued.  

4. Refund Policy
 
4.1 No refund policy shall apply to the Client’s purchase of the Programme
 
5. Termination
 
5.1  This Agreement may be terminated by either party providing written notice in accordance with the terms of this Agreement in the following circumstances:
               a)  either Party commits a material breach, and in the event that it is a breach being capable of remedy, the Party                      in breach fails to remedy the breach within 14 days of being notified of the breach by the other Party; or
               b)  either Party commits a material breach which is incapable of being remedied; 

5.2 Upon termination for any reason, the Client’s access to all Services, access to any private social media accounts or groups, and any other online resources, will be removed, unless expressly agreed otherwise. The Consultant will not be liable to the Client for any claims relating to the removal of that access.
 
6. Confidentiality, Intellectual Property and Data Protection
 
6.1 In order to maximise the efficiency and results of the Programme the Client accepts that they and other Programme Participants will be encouraged to disclose personal and / or confidential information. The Consultant understands and respects the value of such information and shall not, either directly or indirectly, communicate or disclose, make available to, or use for his/her own benefit or for the benefit of any other person or entity, the Client’s ideas, know-how, business practices, concepts and techniques, plans, trade secrets, and other confidential and/or proprietary information (collectively, "Confidential Information") that the Client may disclose to the Consultant or that may be disclosed as part of the provision of the Services to which this Agreement relates. 
 
6.2  Confidential Information for the purposes of this Agreement excludes any information that:
               a)            was already known to the Consultant prior to being provided with that information by the Client;
               b)            is already accessible in the public domain;
               c)            is provided to the Consultant by a third party separately from this Agreement and without any breach of                                the terms of this Agreement; or
               d)            is produced, developed or collated by the Consultant independently of the Client and without any                                          breach of the terms of this Agreement.
 

6.3 By entering into this Agreement the Client hereby agrees and undertakes;
               a)            not to infringe any of the Consultant’s or any other Programme Participant’s copyrights, patents,                                              trademarks, trade secrets or other intellectual property rights;
               b)            that any Confidential Information disclosed by the Consultant or another Programme participant is                                          confidential and proprietary, and belongs solely and exclusively to the Consultant or the Programme                                      Participant that disclosed it;
               c)            not to disclose such Confidential Information to any other person or use it in any manner other than in                                    discussion during Programme sessions;

               d)            that all materials, information and any data provided by the Consultant or a Program Participant are that individual’s confidential and proprietary intellectual property and belong solely and exclusively to them, and may only be used by the Client as expressly authorised by the Consultant or the Programme Participant; and

               e)            the reproduction, distribution, and/or sale of any information or materials provided during provision of the Services or at any time thereafter by anyone but the Consultant is strictly prohibited. The Client agrees that in the event of any breach of their obligations contained in this Agreement then damages, loss or irreparable harm may arise and that in such circumstances the Consultant will be entitled to seek relief, including injunctive relief against the Client.

6.4  The Consultant will grant to the Client a personal, limited, non-transferable, non-exclusive, revocable licence to access and use the materials and resources provided as part of the Programme solely for the Client’s business purposes and for the purposes as intended by this Agreement.

6.5 The Client must not use any of the materials or resources provided by the Consultant during delivery of the Programme for:
               a)            any commercial purpose or benefit without first obtaining the Consultant’s express written permission                                    and relevant licence if applicable;

               b)            any purposes which are unlawful, would cause harm or distress to another person or would cause                                          damage to our business or reputation.

6.6  No recording of any of the Programme Sessions or any live webinars or video resources that are shared by the Consultant as part of the Programme is permitted without the Consultant’s express consent.      

6.7 In respect of the Services to be provided under this Agreement the parties agree that in relation to any information, whether confidential or not, that is shared between the Parties that they shall be individually responsible to comply with any and all relevant data protection laws and legislation.

6.8 Any information or data that is provided by the Client pursuant to this Agreement, including Confidential Information, will be maintained by the Consultant and stored, accessed and processed in accordance with recognised data protection legislation. Full details of how the Consultant processes personal data reference should be made to the Privacy Notice displayed at the Consultant's website.

6.9 Both Parties agree to take appropriate steps to keep all information safe and secure and to protect against loss and destruction, including accidental, and any unlawful or unauthorised processing.

6.10 Both Parties agree to providing a copy of all information held upon receipt of a proper and reasonable data request. Any such request shall be dealt with in a reasonable time.

6.11 All documentation and information provided to the Consultant during the course of the Programme will be retained in accordance with relevant retention guidance for a period of no less than 6 years.

6.12 The obligations set out within this Clause 6 shall survive the termination of this Agreement.

7. Liability

7.1  The Consultant has made every effort to accurately represent the Programme and the Services. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including his or her background, dedication, desire, and motivation. As with any business endeavour, there is an inherent risk of loss of capital and the Consultant makes no guarantee, representation or warranty with respect to the Services provided.

7.2 The Consultant will not be liable to the Client for any indirect, consequential or special damages.

7.3 In the event damages are incurred by the Client as a result of the Consultant’s default or violation of any of the terms of this Agreement, the Consultant’s entire liability under this Agreement is limited to the amount paid by the Client to the Consultant as at the time the loss is sustained.

7.4 During the term of this Agreement and at any time thereafter, the Client agrees to take no action which is intended, or would reasonably be expected, to harm the Consultant or their clients.

7.5 In the event a dispute arises in connection with this Agreement and the provision of the Services which is incapable of being resolved by mutual consent then the Parties agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible following mediation then legal action shall be commenced.

7.6 The Parties agree that they have adequate Insurance cover to meet any liabilities that may arise in connection with this Agreement.
 
8. Notice
 
8.1 Where reference in this Agreement is made to the provision of a notice then any such notice shall be validly served if sent by email, or first-class post to the address of the other party as set out in this Agreement and shall be deemed served as follows:
               a)            if sent by email, upon receipt of a valid delivery notification, if prior to 5pm UK time, or at 9am the                                          following business day;
               b)            if by post, on the second business day after posting. 
 

9. General

9.1 The failure of either Party to actively enforce any provision of this Agreement 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.

9.2 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.

9.3 This is the entire agreement between the Parties and supersedes all other negotiations, drafts, correspondence and discussions prior to the execution of this Agreement. 

9.4  Every effort will be made to carry out this Agreement and provide the Services, but the Consultant shall not be liable for any delay or failure in provision of the Services should the Consultant 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 the Consultant’s 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 the Consultant be liable for any loss or damage suffered by the Client as a result thereof.

9.5 The Consultant acknowledges the importance of telecommunications to the delivery of the Programme and agrees to use all reasonable endeavours to provide reasonable contingency provisions to limit any impact or delay which may be caused to the provision of the Services by delay or failure of Telecommunications services. Nothing in this provision will affect the application of this clause where an unexpected event occurs.

9.6 This Agreement is formed in the United Kingdom, the principal place of business for the Consultant and this Agreement and the rights of the parties to this Agreement shall be governed by the laws of England and Wales. The Parties to this Agreement submit to the exclusive jurisdiction of the Courts of England and the laws from time to time in force.

9.7 The Client agrees that no other representations have been made by the Consultant to induce the Client into entering into this Agreement and no modification to the terms of this Agreement shall be effective unless in writing and signed by both parties.

9.8  Save as provided for in clause 8.4 the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.

9.9 The Client acknowledges that he/she has been given sufficient time to seek legal advice prior to entering into this Agreement.

I confirm that my payment of fees indicates my full understanding and agreement with the information outlined above.
 
Schedule 
 
Programme Details
 
Mother’s Day Masterclass 2022 is a group Programme which is designed to support the Client in increasing productivity and sales within their business.
 
Subject to the Payment Terms being adhered to by the Client, the Programme shall be delivered by way of:

• 6 live online sessions

• Access to a pre-recorded course ‘Piping Essentials 2022’

• Access to a group of peers on Facebook

• Support via email or Facebook messenger between 28th February and 29th March 2022 between 1800 and 2200 GMT (UTC) Mon-Fri.  Any requests for support made outside of these times will be addressed at the consultant’s earliest convenience.

• Lifetime* access to all materials (*lifetime of the business)

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Notice: all notifications regarding the weekly group sessions shall be available in the following ways:

• via main Facebook group

• via email

 
Payment Terms
 
There is a single payment option for this course – £247 in full at the time of booking.  Payments can be made via PayPal or Square Payments.  This allows the purchaser to use a credit facility if they prefer, however access to the Programme will not be permitted until full, cleared funds are made available to the Consultant.

The payments are non-refundable.

Invoices
You will receive an invoice for once the payment has been made in full. 
VAT is not applicable to this course.