EVOLVE LONDON // TERMS AND CONDITIONS
EMMA WILSON OF STORY OF YOUR DAY & EVOLVE VIDEOGRAPHY TRAINING
Evolve Videography Workshop at location TBC in central London.
Date: Wednesday 5th October, 2022
1. TERMS OF ENGAGEMENT
1.1 You are engaging Emma Wilson as a Trainer/Mentor to provide Training Sessions on the terms of this agreement.
Emma Wilson is Creative Director of Evolve Videography Retreats & Story of Your Day. Emma also has an operating address of Chalet Belmont, Wengiboden 1349a, Wengen, 3823, Switzerland
You can contact Evolve Retreats by emailing firstname.lastname@example.org
1.2 This contract between us will commence on the date you sign this agreement and will continue unless and until terminated by either of us in writing by email to email@example.com
2. WORKSHOP FEE
2.1 A full payment of £250.00 is due on booking. If entitled to discount, the full payment of £185.00 is due on booking.
2.2 A full payment of £140.00 us due on booking for any ‘Evolve Mastermind’ students.
3. SESSION/S AND CANCELLATION
3.1 CANCELLATION AND REFUND POLICY: Upon execution of this Agreement, you shall be responsible for the following conditions;
a) If you wish to cancel your place on the workshop, then notice must be given to Emma Wilson in writing by email to emma@evolvevideographytraining by 5th September, 2022. If canceled before this date then a refund will be given, minus a handling fee of £50.00. You can also use the full fee towards a one-to-one Solo Session with Emma WIlson or a space at another workshop or retreat in the future.
b) If canceled after this date, then no refund will be offered but you can use the fee towards any other workshop with Evolve Videography Training or towards a place at a workshop or retreat in the future or a one-to-one Solo Session with Emma Wilson.
c) Travel to and from the venue is your responsibility.
d) If, for any reason, Emma Wilson is unable to run the workshop on the agreed date then you will be notified immediately and given the choice of a full-refund or to transfer to another date.
4. TRAVEL AND ACCOMMODATION
4.1 It is the responsibility of the attendee to make travel arrangements to and from the workshop location in London.
4.2 Refreshments including tea, coffee, water and nibbles will be provided at the venue during ‘breaks’ throughout the day.
4.3 It is your responsibility to notify Emma Wilson of any dietary requirements or if you are allergic to any foods. This must be done by September 15th 2022.
5. DUTIES OF VIDEOGRAPHER TRAINER
5.1 I shall provide the Services with due care, skill and ability.
5.2 Other than, as set out in clause 5.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of Training I do not guarantee any particular results.
6. CONFIDENTIAL INFORMATION
6.1 I acknowledge that in the course of providing the Services I may have access to Confidential Information (as defined in clause 15).
6.2 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;
(b) any use or disclosure which I in my absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or
(c) any information which is already in, or comes into, the public domain otherwise than through my unauthorised disclosure.
6.3 As is good practice in training and mentoring, I undertake my own coaching. You agree that I may disclose any issues which arise out of the Retreat with my own coach, supervisor and/or supervision group but I agree only to disclose such issues on a general basis and without disclosing your name.
6.4 You may disclose to third parties such information about the Retreat as you wish.
7. DATA PROTECTION & INTELLECTUAL PROPERTY
7.1 You acknowledge and agree that your personal data will be processed by and on behalf of me as part of me providing you with the Services. In order to comply with application data protection laws (including the General Data Protection Regulation) we agree that we shall not use any film footage or photography from the day in our promotional, marketing, advertising or publication activities without your express written consent. If you do consent to us using such footage, we will obtain such consent from you by you signing a Consent Form.
7.2 I am the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that I 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 person.
7.3 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 I use in the Retreat
7.4 I grant to you a limited, non-exclusive, non-transferable, non-sub licensable revocable license to use all or any of the content or material used in the Retreat for private person use, and for the purpose for which the Retreat was provided only.
7.5 You may not without my prior written consent make any audio or visual recordings of all or any part of the Training. The client consents to recordings being made of courses and the Program by the Company, and these will be provided to the Client for their own personal use on request.
7.6 NON DISPARAGEMENT: In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such a dispute shall be under English Law. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other.
The relationship between us will be that of an independent contractor and nothing in this agreement shall render me your employee, worker, agent or partner.
9.1 Nothing in clause 9 shall limit my liability for death or personal injury caused by my negligence or for my fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
9.2 I shall not be liable 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 and me providing the Services.
9.3 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.
9.4 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.
9.5 The provisions of clause 9 shall survive termination of this agreement.
10. FORCE MAJEURE
I shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond my reasonable control.
11. ENTIRE AGREEMENT & PREVIOUS CONTRACTS
You acknowledge and agree that:
(a) this agreement constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Services (which shall be deemed to have been terminated by mutual consent);
(b) in entering into this agreement you have not relied on any Pre-Contractual Statement (as defined in clause 15).
No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of us.
This agreement may be executed in any number of counterparts, each of which, when executed, shall be an original, and all the counterparts together shall constitute one and the same instrument.
14. THIRD PARTY RIGHTS
14.1 A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
14.2 The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any person that is not a party to this agreement.
15. GOVERNING LAW & JURISDICTION
15.1 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 English Law.
16.1 The definitions and rules of interpretation in this clause apply in this agreement (unless the context requires otherwise).
Confidential Information: information in whatever form relating to you and your affairs that are confidential to you including (but not limited to): (i) information that I obtain in connection with the provision of the Services and (ii) the fact that I am providing the Services to you.
Pre-Contractual Statement: any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the provision of the Services other than as expressly set out in this agreement.
16.2 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
16.3 Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
16.4 Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.