Terms

Contract entered into for all paying clients

MELANIE J BROOKS CONTRACT

 

CREATIVE COACHING  AGREEMENT

BETWEEN:

(1)

MB HEALTH WEALTH & HAPPINESS LTD trading as “MELANIE J BROOKS ” (“we or us”)

(2)

Client (“you”)

 

Agreed terms

1.

TERM OF ENGAGEMENT

This contract between us will commence on the date you sign this agreement and will continue until the end of the coaching package unless or until terminated as set out in clause 7 below.

 

2.

CREATIVE COACHING SESSIONS AND CANCELLATIONS

I shall provide you with not less than 12 1 to 1 mentoring sessions (“Sessions”), each of which shall be approximately 60 minutes long.

You will also have access to me by email or messenger for additional support as and when you require.

The Sessions will take place at the dates, times and venues/online as agreed between us and evidenced by our email communications, although I reserve the right to change the date, time and venue/platform for any reason including for circumstances that are outside of my control. I will where possible provide you with at least 48 hours notice of any change to date, time or venue.

You have the right to change the time and date due to circumstances outside of your control and must provide me with 48 hours notice.

If you are not able to attend a Session for any reason (including due to us changing the date, time or venue), you will not be entitled to any refund but I may at my discretion offer you a catch up session.

In addition to the sessions, you will receive access to the Launch that product Masterclass if you so wish in the membership area with with all video training and workbooks in order to complete the Program

 

 

MELANIE J BROOKS

3.

MY DUTIES

I shall arrange, co- ordinate and facilitate the Sessions to the best of my ability. If for any reason I am unable to provide the Services at the agreed time, for example due to ill health, I will provide you with as much notice as possible and I shall reschedule the Session for another time.

Other than as set out in clause 3.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching and mentoring, I do not guarantee any particular results.

 

4.

FEES

In consideration of me providing the Services to you, you will pay me a total fee of £1295 or £1320 paying on the payment plan.

The creative coaching package is a 3 month commitment from the date of the 1st payment.  If you decide not to continue with the coaching for any reason the remaining installments will remain payable. By signing this agreement, you warrant that you have sufficient funds to pay each of the 3 installments (based on when you sign up) in full at the time requested.

You may pay the Coaching Fee in
monthly installments as laid out on the shopping cart and
each such installment to be paid within 7 days of the date of our invoice. If payment

is not made, we reserve the right to suspend the coaching sessions until payment is made.

4.1

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 4% above the base rate from time to time of HSBC 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)refuse you entry to any further Sessions until payment has been made in full.

All sums payable under this agreement shall become due immediately on termination of this agreement, despite any other provision.

 

 

MELANIE J BROOKS

5.

CONFIDENTIAL INFORMATION

You must keep all information discussed in the Sessions strictly confidential at all times, including after the termination of this agreement.

You must not use any of the matters discussed or corresponded about by other participants in the group within the Sessions to further your own purposes to the possible detriment of any member of the group.

5.3 I acknowledge that in the course of providing the Services I will have access to Confidential Information relating to you and your affairs 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;

(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.

DATA PROTECTION AND INTELLECTUAL PROPERTY

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 Sessions and that I may transfer your data outside of the European Economic Area.

I am the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that I share within the Program and Sessions and nothing in this agreement or otherwise shall transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other person.

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.

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 the purposes for which the Sessions were provided only.

You may not without my prior written consent make any audio or visual recordings or take

photographs of all or any part of our Sessions. However you agree that we may take photographs or film the Sessions for any purpose, including promotional purposes.

 

 

 

MELANIE J BROOKS

7.

TERMINATION

Either of us may terminate the Contract immediately by providing written notice to the other if the other is in material breach of any of these Terms.

We may terminate the Contract immediately (without any liability to provide any refund to you) if we reasonably feel that you are disrupting the sessions or for any other reason where we reasonably feel that your presence is adversely impacting on the Sessions.

On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under the Contract.

Termination of the Contract shall not affect any rights, remedies, obligations and liabilities of either of us as at the date of termination, including the right to claim in respect of any breach of the Contract that existed at or before the date of termination.

 

  1. STATUS

The relationship between us will be that of independent contractor and nothing in these Terms shall render me your employee, worker, agent or partner.

 

LIMITATION ON LIABILITY

9.1 Nothing in this 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 legally be 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.

9.3 My total liability under any law or in relation to 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 in breach of this agreement or liable to you for any costs, charges or losses incurred by you that arise directly or indirectly from such prevention or delay.

9.5  The provisions of this clause 9 shall survive termination of the Contract.

 

 

 

 

 

MELANIE J BROOKS

 

  1. ENTIRE AGREEMENT AND 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 Sessions;