EXPAND - terms and conditions

EXPAND Your Business Retreat Terms and Conditions

 I am so happy that you have decided to sign up for our retreat.

The contract below sets out the legal terms that will govern our relationship with you and apply to the services we provide and the retreat you will attend. Please do let us know if there are any clauses that you do not understand or that contradict your understanding of our services and the retreat.

BACKGROUND

I run intuitive business planning retreats and you and I wish to enter this agreement to set out the terms and conditions that will apply in respect of our services and the retreats.

This contract sets out:

• your legal rights and responsibilities;
• my legal rights and responsibilities; and
• certain key information required by law.

The intention is that it will bring clarity to our relationship, protect both of us and take care of the business side of things so that we can get on with the good stuff! Please let me know if there are any clauses that you do not understand or that contradict your understanding of the membership.

In this contract:

• ‘I’, ‘me’ or ‘my’ means Ellen D Coomber Limited trading as Expanding Possibilities and
• ‘You’ or ‘your’ means the person buying or using my services and resources.

If you would like to speak to me about any aspect of this contract, please contact me by e-mail at ellen@expandingpossibilities.today

• Introduction

If you book a place on our retreat you agree to be legally bound by this contract, including the details of the retreat which are set out in the retreat description in MemberVault.

• Reserving your place at the retreat
  • Below, we set out how a legally binding contract between you and us is made:
    • Any quotation or price advertised by us before you reserve your place on the retreat is not a binding offer by us and does not guarantee your place.
    • When you decide to reserve your place on our retreat, this is when you make a contractual offer to us.
    • We may contact you to say that we cannot offer you a place, for example if we do not think the retreat is right for you or there has been a mistake in the pricing or description of the retreat, or our circumstances have changed since we gave you the quotation for the retreat.
    • We shall only accept your request for a place when we confirm this to you by sending you a confirmation email. At this point:
      • a legally binding contract will be in place between you and us, and
      • we shall reserve you a place on the retreat.
    • Our provision of the retreats
      • We shall use reasonable care and skill when holding retreats.
      • The retreat will correspond in all material ways with the retreat description in the schedule to this contract.
      • We may use third parties in connection with the retreat. For example any accommodation, meals and guest talks and workshops will be provided by carefully chosen third parties. You acknowledge that we ordinarily contract with these third parties on their normal terms of business which may not be entirely consistent with this agreement. If any delay or failure by a third party properly to provide subcontracted services causes a delay or failure in our performance of this agreement, it is agreed that:
        • we shall use all reasonable endeavours to apply for your benefit all rights or remedies available from the relevant third party; and
        • except to the extent the delay or failure is caused by a failure to use our reasonable care and skill in the management or selection of a third party, we shall not be in breach of this contract and shall have no liability to you arising out of any such delay or failure.
      • Our ability to provide the retreat might be affected by events beyond our reasonable control. If so, there might be a delay before we can go back to business as usual. We shall make reasonable efforts to limit the effect of any of those events, we shall keep you informed of the circumstances and we shall try to recommence normal service as soon as those events have been fixed. Examples of events which might be beyond our reasonable control include IT problems, issues at third party venues, illness, pandemics and other widespread health issues.
    • Your responsibilities
      • You will pay the price for the retreat in accordance with the retreat description in the schedule.
      • You will provide us with such information (and ensure that any information is complete and accurate) as we reasonably request from you to make the retreat relevant and useful for you.
      • Attendance at the retreat is not therapy or counselling. You acknowledge that deciding how to handle any issues which may arise, the choices you make in relation to them and following through on any agreed action is exclusively your responsibility.  For this reason, although we fully expect great things to happen at the retreat, we cannot guarantee any specific outcomes or that all attendees will achieve the same results.
      • If you are currently receiving treatment from a doctor or other healthcare professional, by entering into this agreement you confirm that you have consulted with this person regarding the advisability of attending the retreat and that this person is aware of and supports your decision to attend.
    • Fees and payment
      • The price and payment terms for the retreat are set out in the schedule.
      • Payment is via payment link in MemberVault.
      • If we offer a payment plan and you fail to make any of the payments on the due date then we reserve the right to invoice you immediately for the whole of the outstanding balance of the retreat fees and payment for that invoice will be due by return.
      • If any of your payments are not paid on the due date, we may charge interest on outstanding sums at the rate of 4 percentage points a year above Lloyds TSB Bank plc's base rate.
    • Refund and Cancellation Policy
      • If you notify us of your wish to cancel your place at one week before the retreat, we shall refund to you [100]% of your deposit.
      • Where we cancel a retreat you are entitled to a refund of any payments you have made in advance.
      • We are not able to make any exceptions to our refund policy, not even for personal emergencies and for this reason we strongly advise you to take out travel insurance to protect yourself against illness, emergencies and changes in your circumstances.
      • In the unfortunate event you are unable to attend the retreat:
        • you may transfer your retreat place to a friend, subject to our prior approval of your replacement; or
        • you can choose to offer your place as a special bursary to a suitable woman selected by us in need of this retreat; or
      • There is no refund for leaving the retreat early or arriving after the scheduled start time. There is no partial reimbursement if you choose to opt out of any part of the programme.
    • Intellectual property
      • If we provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to us and unless we agree otherwise you can only use those materials for your own personal use and you may not share them with third parties.
      • You cannot use and monetise my methods, processes or systems. To do so would be a material breach of your legal obligations to me under the terms of this contract, and subject to immediate termination under clause [12.3.1]
      • For the avoidance of doubt, without my prior written authority, you are not permitted to;
        • deliver any training in my methods, processes or systems to a third-party individual or organisation;
        • provide details of my methods, processes or systems to, a third-party individual or organisation;
        • repurpose in whole or in part my methods, processes or systems to create and deliver your own services.
      • Should you become aware of any unauthorised access to the materials provided to you, or of any unauthorised use of my methods, processes or systems, you agree to notify me immediately by email.
      • From time to time I may record live sessions that I make available to you through the Hub. If you participate in such sessions, you authorise me to use your image and voice in any such recordings (and to make use of such recordings in any way I think fit within the EXPAND Hub platform) without payment, other condition or need for further consent.

• Photograph Release

We may photograph and video group activities for use in future marketing materials and by entering into this contract with us you hereby give to us your consent to use your image for this purpose.

• How we may use your personal information
  • We shall use the personal information you give to us to:
    • provide the retreat and keep you informed about it;
    • process your payment for the retreat; and
    • inform you about any similar products and services that we provide, though you may stop receiving this information at any time by contacting us.
  • All information shared by you will be kept strictly confidential, except when releasing such information is required by law.
  • We shall not give your personal information to any third party unless you agree to it.
• For full details about how we use your personal information, see our privacy policy;

• Resolving problems
  • In the unlikely event that there is a problem with the retreat or our provision of it, please contact us as soon as possible and give us a reasonable opportunity to sort out any problems with you and reach a positive outcome.
  • If you are a consumer, nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
• End of the contract
  • Subject to 11.2 this contract will terminate at the end of the retreat.
  • Either you or we may terminate this agreement immediately if:
    • the other party commits any material breach of the terms of this agreement and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. The written request must expressly refer to this clause and state that this agreement will be terminated if the breach is not resolved; or
    • the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.
  • If this contract is ended it will not affect our right to receive any money which you owe to us under this contract.
• Limit on our responsibility to you
  • Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for any:
    • losses that:
      • were not foreseeable to you and us when the contract was formed; and
      • were not caused by any breach of these terms on our part
    • business losses, including loss of business, loss of profits, loss of management time and loss of business opportunity.
  • Our total liability to you is limited to the amount of fees paid by you for the retreat.
• Disputes
  • We shall try to resolve any disputes with you quickly and efficiently.
  • If you and we cannot resolve a dispute using our internal complaint handling procedure and either of us want to take court proceedings, the relevant courts of England and Wales have exclusive jurisdiction in relation to this contract.
  • The laws of England and Wales will apply to this contract.
• Third party rights
  • No one other than a party to this contract has any right to enforce any of its terms.