TERMS AND CONDITIONS (ONLINE TRAINING)
INTENSIVE ONE TO ONE VIDEOGRAPHER TRAINING SERVICE WITH EMMA WILSON OF STORY OF YOUR DAY
1. TERMS OF ENGAGEMENT
1.1 You are engaging me as a Trainer to provide a Training Session (Services) on the terms of this agreement.
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 giving 2 weeks notice to the other in writing to the relevant address set out above.
2.1 A non-refundable deposit is due on booking. The outstanding balance must be paid by the client 60 days before the Training Session.
2.2 In consideration of me providing the Services to you, you will pay the Fee specified on the booking form. If you contact me in addition to the Training Session or the agreed Support Session then I will provide a short email response to you free of charge. If however I consider that more time is needed to deal appropriately with your communication then I may either:
(a) advise you to arrange an additional Session, as per the Booking From; or
(b) inform you of the time I would need to spend in responding to you and the fee which would be payable by you for such a response. I will obtain your approval to such fee before incurring any fees.
2.3 You shall pay each of my invoices in full and in cleared funds within 5 days of the date of the invoice.
2.4 You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with your participation in the Training Sessions.
2.5 Without prejudice to any other right or remedy that I may have, if you fail to pay me on the due date, I may:
(a) charge interest on such sum from the due date for payment at the annual rate of 5% above the base rate from the time payment is due to the time the payment is received, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and you shall pay the interest immediately on demand; and
(b) suspend all Services until payment has been made in full.
2.6 All sums payable under this agreement shall become due immediately on termination of this agreement, despite any other provision. This clause 2.6 is without prejudice to any right to claim for interest under the law, or any such right under this agreement.
3. SESSIONS AND CANCELLATION
3.1 CANCELLATION AND REFUND POLICY: Upon execution of this Agreement, the Client shall be responsible for the following conditions; If the Client cancels attendance for any reason whatsoever, the non-refundable booking fee will not be returned. If the client cancels Training within 60 days, no refund will be given. If the Client cancels Training between 60 & 90 days, 50% fee is still owed. More than 90 days the fee, apart from booking fee, will be waived.
3.2 RESCHEDULING POLICY: Either of us may postpone a Training Session by notice in writing or by email to the other no less than 1 month prior to the Session. However, a new date must be mutually agreeable between both parties and within 6 months of original date.
3.3 PRE-TRAINING SESSION: I will ask you to complete a welcome questionnaire in advance of our first Training Session and you will provide true and accurate answers to the questions. Providing this information is essential to the success of the training and you are required to return it 48 hours before the start of your TRAINING Session. This is to ensure I can prepare for your session and support you in the best way possible.
4. DUTIES OF VIDEOGRAPHER TRAINER
4.1 I shall provide the Services with due care, skill and ability.
4.2 Other than as set out in clause 4.1 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.
4.3 If for any reason I am unable to provide the Training Services at the agreed time, I will provide you with as much notice as possible and we shall reschedule the Session for a time mutually agreed.
5. CONFIDENTIAL INFORMATION
5.1 I acknowledge that in the course of providing the Services I may have access to Confidential Information (as defined in clause 15).
5.2 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.
5.3 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 Sessions 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.
5.4 You may disclose to third parties such information about the Sessions as you wish.
6. DATA PROTECTION & INTELLECTUAL PROPERTY
6.1 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.
6.2 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.
6.3 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 Sessions.
6.4 I 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 private person use, and for the purpose for which the Sessions were provided only.
6.5 You may not without my prior written consent make any audio or visual recordings of all or any part of our Sessions. 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.
6.6 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 independent contractor and nothing in this agreement shall render me your employee, worker, agent or partner.
8.1 Nothing in clause 8 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.
8.2 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.
8.3 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.
8.4 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.
8.5 The provisions of clause 8 shall survive termination of this agreement.
9. 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.
10. 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.
13. THIRD PARTY RIGHTS
13.1 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.
13.2 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.
14. GOVERNING LAW & JURISDICTION
14.1 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.
15.1 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.
15.2 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.
15.3 Unless the context otherwise requires, a reference to one gender
shall include a reference to the other genders.
15.4 Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.