Lauren Stoney Life Crafting –
Terms and Conditions
Lauren Stoney Life Crafting a sole trader registered in England and Wales whose trading address is 35 Clyde Road, Brighton, BN1 4NN (‘LSLC’)
The Client who is an individual or organisation who has booked on a Coaching Services and who has completed the Registration Form (‘the Client’)
The following definitions and rules of interpretation in this clause apply in this Agreement
Registration Form means the Registration Form for Clients attending the Lightning Process or the registration form for Clients attending all other Coaching Services, to be completed by the Client which contains all relevant contact details, medical history and course details.
Coaching Services means any or all of the following health and performance coaching:
- Lightning Process
- individual coaching sessions
- business workshops delivering tailored coaching sessions to
- individual or groups of employees
- Support package following the Lightning Process
Commencement Date: means the date of booking onto a Coaching Services
Confidential Information: means all confidential information and activities relating to each party which is of a confidential nature or which is personally or commercially sensitive relating to that party or a third party.
Fees: means the fees for each Coaching Services which are set out on the Website
Intellectual Property Rights (IPR): means all registered or unregistered patents; designs, trademarks, trade names, copyright and related rights, database rights, know how, confidential information and any other similar rights anywhere in the world, including any renewals and extensions of such rights.
Lightning Process: means the neuro-psychological training programme that trains clients how to use their brains in a way that positively influences their neurological health and immune function, which is owned by Phil Parker Ltd and licensed to LSLC to deliver.
2. TERM AND AGREEMENT
2.1 This Agreement shall commence on the Commencement Date and shall apply to any and all Coaching Services.
2.2 This agreement shall consist of these terms and conditions and the Registration Form.
2.3 The Client agrees to these terms and conditions by engaging LSLC to provide one or more Coaching Services. Once the Client has booked a Coaching Services then this agreement shall be effective as if they had been signed.
2.4 The Client shall book onto a Coaching Services through the Website.
3. COACHING SERVICES
3.1.1 LSLC shall deliver the Coaching Services
- as set out on the Website.
- using all reasonable skill and care and in accordance with industry standard best practice.
- ensure it holds a relevant license to deliver the Lightning Process.
- using any techniques which LSLC deems suitable, such techniques may include but are not limited to any or all of NLP, hypnotherapy, coaching and the Lightning Process.
3.2 The Client shall
- ensure all information provide on the Registration Form and throughout the Coaching Services is full and accurate and shall continue to be updated if necessary.
- fully engage and remain open to the Coaching Services.
- ensure they do not stop taking any existing medications or cease following any medical advice as a result of our Coaching Services without first obtaining professional medical advice.
- acknowledge that LSLC cannot nor claim to, diagnose, cure or treat any medical condition.
- acknowledge that the Coaching Services are not a substitute for professional mental health care or medical care and are not intended to diagnose, treat or cure any mental health conditions.
- acknowledges that neither LSLC nor the Coaching Services are acting as mental health counsellors or medical professionals.
- acknowledge that LSLC does not guarantee any outcome or specified result from any Coaching Services. Success is not guaranteed but is improved by clients who apply the tools and learning consistently and as shown through the Coaching Services.
- be responsible for their physical and mental well-being during the Coaching Services.
- remain fully responsible for all choices and decisions made during and after the Coaching Services and acknowledge those choices and decisions may impact the overall results of the Coaching Services.
- be responsible for complying with all reasonable guidance provided by LSLC during the Coaching Services and understand that failure to do so may reduce the results of the Coaching Services.
- acknowledge that the Coaching Services is tailored toward the individual, however the consequences of the Coaching Services may have implications on the Clients relationships, families and friendships. LSLC has no liability for any consequences as a result of the Client undertaking the Coaching Services.
- acknowledge that to the extent the Coaching Services directly or indirectly involves any aspect of the Clients career or business, LSLC cannot guarantee any level of outcomes or results including but not limited to increased clientele, profitability and or business success.
4. THE LIGHTNING PROCESS
If the Client is attending the Lightning Process the following additional conditions shall apply;
- The Client acknowledges that the Lightning Process is a worldwide programme which LSLC has undergone the necessary training and is licensed to deliver to Clients
- The Client shall not breach any IPR which belongs to Phil Parker Ltd the owner of the Lightning Process and acknowledges that it may be required to sign terms and conditions directly with Phil Parker Ltd to protects its IPR. All documents you receive as part of your training constitute intellectual property and are not to be reproduced, lent, sold or by any other method disseminated to any other person or entity without the express written permission of Lightning Process Ltd. Such restriction applies equally to the entire contents of the materials or any part of them.
- If participating in an online Seminar, the Client agrees that they are happy to use a third party software package (Zoom) to participate.
- The Client acknowledges that The Lightning Process is a training programme and while there is no requirement to share personal information with other members of the group, some people may choose to do so; because of this, the Client agrees to maintain confidentiality with regard to personal information shared by others during the training.
- The Client agrees not to record or take photos during the seminar or any follow up. Such restriction applies equally to the entire contents or any part of them.
- The Client acknowledges that the purpose of the Process is to apply it to resolve your personal issue(s). Participation in the Process does not amount in any way to permission to reproduce or train others in any of the techniques or materials (including graphical images, text, audio or visual presentation) that are demonstrated or provided.
- LSLC shall arrange a health coaching call via zoom ahead of the Lightning Process seminar which will be an opportunity to run through the learnings so far, identify key areas for support and confirm readiness for the Lightning process seminar.
- LSLC reserves the right to cancel the Clients acceptance on the Lightning Process if LSLC in their reasonable opinion deems the Client is not ready to proceed with the Lightning Process. In such circumstances LSLC shall provide a full refund to the Client.
- On occasion, unforeseen circumstances may make it necessary for me to cancel a seminar and accordingly we reserve the right to cancel seminars where appropriate. In such circumstances, you will be given as much notice as possible and I will either refund the full seminar fee or, if you request, move the training to an alternative date. Liability for any losses other than the seminar costs will not be accepted.
- Subject to clause 9 the Client is entitled to bring a formal complaint about the Lightning Process directly to The Lightning Process Head Office at email@example.com
- The Lightning Process is specifically designed, and any misapplication of the process can cause unexpected results. It is the Clients responsibility to apply the Lightning Process in accordance with the training and support provided by LSLC.
- If a client decides they have made a mistake and would not like to pursue the Lightning Process, a full refund will be given up to 30 days post application. This does not apply once the Lightning Process training has been completed.
- The Lightning Programme includes a level of follow up support, and additional support can be provided by LSLC.
- If the Client cancels a follow up session within 48 hours of the follow up appointment, the time be deducted from the total follow up allowance.
5.1 LSLC has the right not to accept a child onto any Coaching Services or to cease providing a Coaching Services if in her sole opinion the child is not willing or able to participate in the Coaching Services.
5.2 The Client shall be the parent or carer for the child who is undertaking the Coaching Services. The Client acting as a parent/carer shall join the Coaching Services sessions as an observer but shall not actively participate unless specifically requested to do so.
5.3 The Client acknowledges that to enable the Coaching Services to be effective as possible the child must be able to talk freely and the parent carer must be open to the Coaching Services and be supportive to the child.
5.4 In certain circumstances LSLC may recommend that the parent/carer undertakes some coaching to support the child to achieve the optimum outcome. The parent/carer should be open to receive such coaching.
6. DELIVERY OF COACHING SERVICES
6.1 The Coaching Services will be delivered either as individual or group face to face sessions or remotely through zoom or similar software, for the avoidance of doubt sessions delivered remotely are the Clients home or an alternative location of the Client choosing where we are not physically present in the same room.
6.2 If the Coaching Services or any element of them are delivered remotely the Client is responsible for ensuring that zoom (or any other similar software as advised) is installed and working correctly prior to each session. LSLC shall not be responsible or have liability to provide a refund for any delay or failure to attend a session due to the Clients failure to comply with this clause.
6.3 The Client is responsible for ensuring that all Coaching Services undertaken remotely, are undertaken in a safe, suitable and private environment.
6.4 LSLC shall arrange a suitable venue for all individual and group face to face sessions. Any date set through the original booking for a face-to-face session may need to be amended depending on the availability of the venue. Any such reschedule shall be made to a mutually agreeable date and time.
6.5 LSLC shall confirm the best form of communication (ie email, phone, whatsapp) throughout the Coaching Services, such preferred method shall be recorded on the Registration Form. The Client shall ensure that they constantly review and check the agreed communication route and shall keep in regular contact with LSLC
7. PAYMENT AND PAYMENT TERMS
7.1 The Client shall pay the relevant Fees for the Coaching Services as agreed between the Client and LSLC.
7.2 Such Fees are payable by the Client within 48 hours prior to the commencement of the Coaching Services or at the time of making the booking.
7.3 If the Client books a package or block of Coaching Services which attract a discount, then the discount shall only apply if the package or block of Coaching Services is paid for in full prior to the commencement of the first session.
7.4 Any sums payable under this agreement which, remain outstanding after the agreed date for payment shall carry interest (both before and after judgment) on a daily basis at an annual rate equal to 3% above the base rate of HSBC bank.
7.5 LSLC reserves the right to amend prices and payment terms at any given time during the coaching services. The Client will be notified of any amendments or increases at least one month ahead of the new payment terms and price rates.
8. CANCELLATION PROVISIONS
8.1 LSLC may cancel the Coaching Services or a session for the following reasons.
- events outside their reasonable control
- the Client has provided information where in LSLC’s sole opinion the Coaching Services proposed is no longer suitable for the Client. In such event LSLC may recommend an alternative practitioner.
- LSLC believes that the Client is not in a safe or suitable location to undertake a remote session, this may include not being in a private place to undertake a group session.
- LSLC believes the Client is not ready for the Coaching Services, in which case LSLC shall advise the Client how to prepare or undertake further work in order to be ready to undertake the Coaching Services.
- the Client fails to comply with any reasonable instruction from LSLC
- the Client demonstrate behaviour which in LSLC’s sole opinion is deemed inappropriate
- the Client has failed to make a payment in accordance with this agreement.
8.2 If LSLC has to cancel any Coaching Services for any reason set out in clause 8.1 then its only liability to the Client is to reschedule the Coaching Services or if it is not possible to reschedule then LSLC shall repay any Fees already paid.
8.3 The Client has no cancellation rights for any Coaching Services once the Coaching Services has commenced. LSLC is under no obligation to provide a refund once the Coaching Services has commenced.
8.4 If the Client cancels within 48 hours prior to the commencement of the Coaching Services then LSLC shall provide a refund of any Fees already paid. If a package or block of Coaching Services is cancelled, then the sessions completed shall be paid at the full rate rather than the discounted rate. Any outstanding balance shall be refunded.
9. COMPLAINTS AND DISPUTE RESOLUTION
9.1 LSLC pride themselves on providing a professional service. If you have any questions or in the unlikely event you have a complaint about the Coaching Services, please contact us at firstname.lastname@example.org and they will aim to find an amicable solution within 10 working days.
9.2 If the Client attended the Lightning Process, and the process in clause 9.1 has not resolved the issue or complaint satisfactorily then the Client may also make a complaint directly to the Lightning Process head office via the following email email@example.com. The Client acknowledges that in order to effectively resolve the issue or complaint then any complaint made directly to the Lightning Process head office shall be permitted to be shared with LSLC.
9.3 If a dispute arises in relation to this agreement, which has not been resolved through clauses 9.1 and 9.2, then the parties shall endeavour to resolve this dispute through the following process.
9.3.1 Either party shall give to the other written notice of the Dispute, setting out its nature (Dispute Notice), together with relevant supporting documents. Within 5 working days of receiving the Dispute Notice, the parties shall meet and attempt in good faith to resolve the Dispute.
9.3.2 If the Dispute cannot be resolved within 10 working days of the meeting in 9.1.1 then the Dispute shall be referred to mediation through an agreed independent mediator, if no independent mediator can be agreed then the parties shall use the Centre of Effective Dispute Resolution (cedr) @ www.cedr.com.
10. INDEMNITY & INSURANCE
10.1 LSLC’s total liability to the Client whether in contract, tort, negligence, or howsoever arising for any and all direct and indirect loss or claims arising under or in connection with this agreement shall be limited to the Fees payable under this agreement.
10.2 Each party expressly excludes liability for consequential loss or damage, loss of profit, business, revenue, loss of enjoyment, goodwill or anticipated savings. Any liability or remedy for innocent or negligent misrepresentation is expressly excluded. Neither party excludes or limits liability for death or personal injury.
11.1 INTELLECTUAL PROPERTY RIGHTS
11.1 All Intellectual Property Rights (IPR) including copyright in the Coaching Services, and any associated documents or materials in whatever paper or electronic format shall at all times remain the property of LSLC, SAVE FOR any IPR in the Lightning Process which belongs to Phil Parker, Lightning Process.
11.2 Nothing in this contract shall permit the Client to copy, amend or use in any way whatsoever LSLC’s IPR, this includes but is not limited to recording any of the sessions.
11.3 All materials and documents relating to the Coaching Services shall be for the Clients personal use only and shall not be copied, sold or be permitted to be used by any third party.
12.1 Both parties undertake to keep confidential any confidential information, which shall be deemed as any information exchanged between us during a session or any information regarding the Coaching Services or specific information about either party obtained under or in connection with this agreement.
12.2 The Client shall acknowledge a duty of confidentiality owed to any other participants on a group session and shall ensure that they do not permit any group sessions to be overheard by anyone not participating in the session.
12.3 Any disclosure of any confidential information, is not permitted unless the disclosing party has obtained prior written approval.
12.4 Each party shall notify the other party immediately of any disclosure or suspected disclosure of any confidential information and both parties shall provide all necessary assistance to the other to terminate any disclosure or misuse of any Confidential Information.
12.5 The Clients shall acknowledge that if any information shared during a Coaching Services which LSLC believes may endanger or is endangering a child or other vulnerable person including the Client then LSLC shall take the appropriate action which may involve disclosing confidential information.
13. DATA PROTECTION
13.2 If the Client has attended the Lightning Process, and the Client has explicitly consented to LSLC sharing relevant personal data with Phil Parker Ltd their personal data will be shared via secure data transfer and within the framework of GDPR. The Client may withdraw their consent at any time during the Lightning Process.
14. GENERAL TERMS
14.1 Both parties shall ensure it complies with all applicable laws, statutes, regulations and government advice from time to time in force; and
14.2 If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend that provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
14.3 No variation of this Agreement shall be effective unless it is in writing and signed by both parties (or their authorised representatives).
14.4 A waiver of any right or remedy under this Agreement or by law shall only be effective if given in writing and shall not be deemed a waiver of any subsequent breach or default.
14.5 A failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy.
14.6 Any notice given to a party under or in connection with this Agreement shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or by e-mail which shall be deemed to have been delivered on proof of receipt.
14.7 This Agreement constitutes the entire Agreement between the parties, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
14.8 Each party acknowledges that in entering into this Agreement it does not rely on, and shall have no remedies for, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement.
14.9 Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
15. LAW AND JURISDICTION
15.1 This contract is made in accordance with English law and shall be construed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction.