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21 March 2022
My dear friend, Below you find our juridical terms and conditions. But before you read and agree with them, I would like you to take a moment and become aware of what they truly represent. On paper these words form an agreement that shall be construed in accordance with the laws of England and Wales. The Court of England and Wales shall have exclusive jurisdiction in relation to any matters arising out of these terms and conditions. Yet in the space between the words, we both desire to never have to take each other to court, do we? So then what exactly are we signing this for? To me, whenever I sign an agreement and approve of the terms that come with it, I sign it for myself and myself only. I know that the REAL agreement is between me and myself. My signature, the payment ... it all symbolises my own commitment to the intention / goal I sign up with. So what is your intention / goal for our time together? What made you reach out and sign up? Hold that outcome in your heart for a moment .... and THEN sign and pay - sending that intention into the Universe. Thank you for your commitment and welcome to my world. Love x Nicole |
TERMS & CONDITIONS
This agreement shall be construed in accordance with the laws of England and Wales.
The Courts of England and Wales shall have exclusive jurisdiction in relation
to any matters arising out of these terms and conditions.
.
1. INTERPRETATIONS & DEFINITIONS
1.1 The definitions and rules of interpretation in this condition apply in these terms and conditions (Conditions). Nicole Olsthoorn (hereafter referred to as Service Provider): Where Service Provider is set out within the document is taken to include the Service Provider Nicole Olsthoorn.
Enrollment and/or Booking: a completed enrollment or booking procedure by the Client into any of the Service Provider's services.
Contract: the contract between the Client and the Service Provider under which the Services are to be provided by the Service Provider to the Client.
Client: the person, firm or company who completed an Enrollment and/or Booking with the Service Provider.
Environment: The space in which communication between Client and the Service Provider takes place.
Fee: The amount payable by the Client under the Contract.
Force Majeure: any act, event, omission or accident beyond Service Provider's reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of Service the Provider or any other party), failure of online network services or internet reception, breakdown of communication hardware or other machinery, act of God/Goddess, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, pendamic, accident, fire, flood, storm or default of suppliers or Service Provider's contractors.
Fundamental Change: A change in dates or over 80% of the content of the Services.
Services: the services provided by the Service Provider to the Client under the terms of the Contract and “Service” shall be construed accordingly.
1.2 Wording importing the singular meaning shall include the plural meaning and vice versa.
1.3 Reference to any gender includes the other genders.
1.4 Headings in these Conditions shall not affect their interpretation.
1.5 A reference to a statute or statutory provision 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.
2. GENERAL
2.1 These Conditions shall be deemed to be incorporated in all Contracts and in the case of inconsistency with any Enrollment and/or Booking or other form of communication between the Client and the Service Provider, whatever may be their respective dates, the provisions of these Conditions shall prevail unless expressly varied in writing and signed on behalf of the Service Provider.
2.2 Any concession allowed by the Service Provider to the Client shall not affect the rights of the Service Provider under the Contract. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the Contract, the other Conditions shall continue in full force and effect.
3. ENROLLMENT
3.1 In order to complete an Enrollment and/or Booking, the Client shall submit a full payment of the Fee. All Enrollments and/or Bookings shall be provisional and shall only be confirmed once the Fee has been cleared in the Service Provider's bank account.
3.2 If an Enrollment and/or Booking is completed by a Client, the Client shall be deemed to have read the Contract in accordance with condition 4.1 and these Conditions.
4. ACCEPTANCE
4.1 The Contract shall be formed when the Service Provider accepts the Enrollment and/or Booking in writing. The Service Provider reserves the right to decline any Enrollment and/or Booking at its discretion.
4.2 No variation of these Conditions shall be valid unless it is in writing and signed by or on behalf of the Service Provider and the Client.
4.3 No verbal representations made by the Service Provider shall be relied upon by the Client.
4.4 Any quotations that may be given by the Service Provider are given on the basis that no Contract shall come into existence except in accordance with condition 4.1.
5. THE FEE AND PAYMENT TERMS
5.1 The Fee payable for the Services shall unless otherwise stated in the Contract be the fee chargeable by the Service Provider for such Services current at the date of the provision of the Services. Such Fee shall include the planning, organising and delivery of the Services.
5.2 The Service Provider reserves the right to withdraw or amend any discount published (in any medium) at any time and without notice. In the event that the client has already made payment for services at the discounted rate this will be honoured but does not obligate the Service Provider to any further discount for future services.
5.2 If the Client wishes to alter any aspect of the Services once the Fee has been paid by the Client, the Service Provider may make such additional reasonable charges (Charges) as it may in its absolute discretion decide and such Charges shall be notified in writing to the Client. If the Client refuses to pay such Charges, the Service Provider shall be entitled to cancel the Contract forthwith and notwithstanding condition 9, the cancellation charges set out in condition 8 shall apply.
5.3 Unless otherwise agreed in writing, the balance of the Fee must be paid in its entirety at the time of the Client completing an Enrollment and/or Booking in accordance with condition 3.1.
6. RESPONSIBILITIES OF THE CLIENT
6.1 The Client shall be responsible for advising the Service Provider in the Enrollment and/or Booking Form of any (health) issues that may make them unable to take part in any of the Services. Failure to do so may result in the Service Provider terminating the Contract and/or withdrawing the Client from any part of the Services, notwithstanding the provisions of condition 9.
6.2 The Client understands and agrees that they are fully responsible for their own well being including your choices and decisions and that all comments and ideas offered by the Service Provider are solely for the purpose of aiding the Client in achieving their defined goals.
6.3. The Client understands and agrees that none of the Services offered by the Service Provider are an alternative to professional help, medical, psychiatric or psychological diagnosis, treatment or advice. None of the Services offered by the Service Provider are intended to substitute for professional medical advice. The Client will never disregard professional clinical advice and never delay seeking it because of anything the Client experiences in one of the Service Provider's Services.
6.4 Understands and agrees that the Services offered by the Service Provider are intended as a safe Environment to share intimate experiences for all participants. Whatever is said in this Environment, stays in this Environment and will not be shared with anyone without the Client's permission, unless the Service Provider feels that what is discussed will be of harm to you the Client or someone else.
7. CHANGES TO THE CONTRACT
7.1 The Service Provider reserves the right to change any price or other particulars of the Services before the Contract is formed in accordance with condition 4.1.
7.2 If there is a Fundamental Change to a confirmed Enrollment and/or Booking, the Service Provider will inform the Client as soon as is reasonably practicable and offer the Client the choice of accepting the change or accepting the provision of the Services on an alternative date.
7.3 If there is any change other than a Fundamental Change after the Contract is formed in accordance with condition 4.1, the Service Provider is not obliged to inform the Client in advance and no compensation will be payable.
8. CANCELLATIONS BY THE CLIENT
8.1 If the Client wishes to cancel the Contract, the Client must advise the Service Provider in writing as soon as reasonably practicable. No refunds will be given for any cancellations.
9. CANCELLATIONS BY THE SERVICE PROVIDER
9.1 The Service Provider reserves the right to cancel a Contract but will endeavour not to do so. If the Service Provider cancels an Enrollment and/or Booking prior to the commencement of the Services, the Service Provider shall offer the Client the choice of either a full refund, an alternative Service or the provision of Services on an alternative date (with pro-rata price reductions/increases as appropriate).
10. SERVICES
10.1 The Service Provider reserves the right to alter the content of the Services without notice to the Client.
10.2 Any Services published by the Service Provider are designed for illustrative purposes only.
10.3 During the provision of the Services, the Service Provider reserves the right to alter the content of the Services at any time due to certain factors including but not limited to the physical, mental, emotional or spiritual fitness of the Clients.
10.4 If a Client chooses not to participate in any part of the Services being provided, the Service Provider is not obliged to provide an alternative or any refund to the Client.
10.5 The Service Provider may in its absolute discretion make decisions affecting the Clients and it may require a Client to cease participating in the Services if, for example, it believes that a person’s health is at risk and if the Client has failed to advise the Service Provider of a health condition in accordance with condition 6.1, the Service Provider may in its absolute discretion terminate the Contract forthwith without refund, notwithstanding the provisions of condition 9.
11. COMPLAINTS
11.1 If there is a problem during the Services, the Client must report it in the first instance to a member of staff of the Service Provider. In the unlikely event that a problem cannot be resolved, the Client must notify the Service Provider within 7 days of the end of the Services advising the Service Provider of the full details of the complaint (Notice). Failure to serve the Notice on the Service Provider within the specified period will preclude the Client from being entitled to take any further action against the Service Provider.
12. LIMITATION OF LIABILITY
12.1 This condition 12 sets out the entire financial liability of the Service Provider (including any liability for the acts or omissions of its (future) employees, agents, consultants, and contractors) to the Client in respect of:
(a) any breach of the Contract;
(b) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
12.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
12.3 Nothing in these Conditions limits or excludes the liability of the Client for mental health problems or personal trauma resulting from the negligence of the Client; or for any liability incurred as a result of fraud or fraudulent misrepresentation by the Client.
12.4 By agreeing with these Conditions, the Client releases, waives, acquits and forever discharges the Service Provider, Nicole Olsthoorn (Director) and all of their employees, coaches, or any of the training instructors, consultants, independent contractors, guides or staff taking part in our Services in any way, including any such claims which allege negligent acts or omissions of the Service Provider and every claim, suit action, demand or right to compensation for damages the Clients may claim to have or that the Clients may have arising out of actions, omissions, or commissions taken by the Client or by the Service Provider, Nicole Olsthoorn (Director) as a result of the advice given, or otherwise resulting from the relationship contemplated hereunder.
12.5 The Client declares and represents that no promise, inducement or agreement not herein expressed has been made to the Client to enter into the release as described in condition 12.4. The release made pursuant shall bind the Service Provider, Nicole Olsthoorn (Director) and their heirs, executors, personal representatives, successors, assigns, and agents.
1. INTERPRETATIONS & DEFINITIONS
1.1 The definitions and rules of interpretation in this condition apply in these terms and conditions (Conditions). Nicole Olsthoorn (hereafter referred to as Service Provider): Where Service Provider is set out within the document is taken to include the Service Provider Nicole Olsthoorn.
Enrollment and/or Booking: a completed enrollment or booking procedure by the Client into any of the Service Provider's services.
Contract: the contract between the Client and the Service Provider under which the Services are to be provided by the Service Provider to the Client.
Client: the person, firm or company who completed an Enrollment and/or Booking with the Service Provider.
Environment: The space in which communication between Client and the Service Provider takes place.
Fee: The amount payable by the Client under the Contract.
Force Majeure: any act, event, omission or accident beyond Service Provider's reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of Service the Provider or any other party), failure of online network services or internet reception, breakdown of communication hardware or other machinery, act of God/Goddess, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, pendamic, accident, fire, flood, storm or default of suppliers or Service Provider's contractors.
Fundamental Change: A change in dates or over 80% of the content of the Services.
Services: the services provided by the Service Provider to the Client under the terms of the Contract and “Service” shall be construed accordingly.
1.2 Wording importing the singular meaning shall include the plural meaning and vice versa.
1.3 Reference to any gender includes the other genders.
1.4 Headings in these Conditions shall not affect their interpretation.
1.5 A reference to a statute or statutory provision 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.
2. GENERAL
2.1 These Conditions shall be deemed to be incorporated in all Contracts and in the case of inconsistency with any Enrollment and/or Booking or other form of communication between the Client and the Service Provider, whatever may be their respective dates, the provisions of these Conditions shall prevail unless expressly varied in writing and signed on behalf of the Service Provider.
2.2 Any concession allowed by the Service Provider to the Client shall not affect the rights of the Service Provider under the Contract. If in any particular case any of these conditions shall be held to be invalid or shall not apply to the Contract, the other Conditions shall continue in full force and effect.
3. ENROLLMENT
3.1 In order to complete an Enrollment and/or Booking, the Client shall submit a full payment of the Fee. All Enrollments and/or Bookings shall be provisional and shall only be confirmed once the Fee has been cleared in the Service Provider's bank account.
3.2 If an Enrollment and/or Booking is completed by a Client, the Client shall be deemed to have read the Contract in accordance with condition 4.1 and these Conditions.
4. ACCEPTANCE
4.1 The Contract shall be formed when the Service Provider accepts the Enrollment and/or Booking in writing. The Service Provider reserves the right to decline any Enrollment and/or Booking at its discretion.
4.2 No variation of these Conditions shall be valid unless it is in writing and signed by or on behalf of the Service Provider and the Client.
4.3 No verbal representations made by the Service Provider shall be relied upon by the Client.
4.4 Any quotations that may be given by the Service Provider are given on the basis that no Contract shall come into existence except in accordance with condition 4.1.
5. THE FEE AND PAYMENT TERMS
5.1 The Fee payable for the Services shall unless otherwise stated in the Contract be the fee chargeable by the Service Provider for such Services current at the date of the provision of the Services. Such Fee shall include the planning, organising and delivery of the Services.
5.2 The Service Provider reserves the right to withdraw or amend any discount published (in any medium) at any time and without notice. In the event that the client has already made payment for services at the discounted rate this will be honoured but does not obligate the Service Provider to any further discount for future services.
5.2 If the Client wishes to alter any aspect of the Services once the Fee has been paid by the Client, the Service Provider may make such additional reasonable charges (Charges) as it may in its absolute discretion decide and such Charges shall be notified in writing to the Client. If the Client refuses to pay such Charges, the Service Provider shall be entitled to cancel the Contract forthwith and notwithstanding condition 9, the cancellation charges set out in condition 8 shall apply.
5.3 Unless otherwise agreed in writing, the balance of the Fee must be paid in its entirety at the time of the Client completing an Enrollment and/or Booking in accordance with condition 3.1.
6. RESPONSIBILITIES OF THE CLIENT
6.1 The Client shall be responsible for advising the Service Provider in the Enrollment and/or Booking Form of any (health) issues that may make them unable to take part in any of the Services. Failure to do so may result in the Service Provider terminating the Contract and/or withdrawing the Client from any part of the Services, notwithstanding the provisions of condition 9.
6.2 The Client understands and agrees that they are fully responsible for their own well being including your choices and decisions and that all comments and ideas offered by the Service Provider are solely for the purpose of aiding the Client in achieving their defined goals.
6.3. The Client understands and agrees that none of the Services offered by the Service Provider are an alternative to professional help, medical, psychiatric or psychological diagnosis, treatment or advice. None of the Services offered by the Service Provider are intended to substitute for professional medical advice. The Client will never disregard professional clinical advice and never delay seeking it because of anything the Client experiences in one of the Service Provider's Services.
6.4 Understands and agrees that the Services offered by the Service Provider are intended as a safe Environment to share intimate experiences for all participants. Whatever is said in this Environment, stays in this Environment and will not be shared with anyone without the Client's permission, unless the Service Provider feels that what is discussed will be of harm to you the Client or someone else.
7. CHANGES TO THE CONTRACT
7.1 The Service Provider reserves the right to change any price or other particulars of the Services before the Contract is formed in accordance with condition 4.1.
7.2 If there is a Fundamental Change to a confirmed Enrollment and/or Booking, the Service Provider will inform the Client as soon as is reasonably practicable and offer the Client the choice of accepting the change or accepting the provision of the Services on an alternative date.
7.3 If there is any change other than a Fundamental Change after the Contract is formed in accordance with condition 4.1, the Service Provider is not obliged to inform the Client in advance and no compensation will be payable.
8. CANCELLATIONS BY THE CLIENT
8.1 If the Client wishes to cancel the Contract, the Client must advise the Service Provider in writing as soon as reasonably practicable. No refunds will be given for any cancellations.
9. CANCELLATIONS BY THE SERVICE PROVIDER
9.1 The Service Provider reserves the right to cancel a Contract but will endeavour not to do so. If the Service Provider cancels an Enrollment and/or Booking prior to the commencement of the Services, the Service Provider shall offer the Client the choice of either a full refund, an alternative Service or the provision of Services on an alternative date (with pro-rata price reductions/increases as appropriate).
10. SERVICES
10.1 The Service Provider reserves the right to alter the content of the Services without notice to the Client.
10.2 Any Services published by the Service Provider are designed for illustrative purposes only.
10.3 During the provision of the Services, the Service Provider reserves the right to alter the content of the Services at any time due to certain factors including but not limited to the physical, mental, emotional or spiritual fitness of the Clients.
10.4 If a Client chooses not to participate in any part of the Services being provided, the Service Provider is not obliged to provide an alternative or any refund to the Client.
10.5 The Service Provider may in its absolute discretion make decisions affecting the Clients and it may require a Client to cease participating in the Services if, for example, it believes that a person’s health is at risk and if the Client has failed to advise the Service Provider of a health condition in accordance with condition 6.1, the Service Provider may in its absolute discretion terminate the Contract forthwith without refund, notwithstanding the provisions of condition 9.
11. COMPLAINTS
11.1 If there is a problem during the Services, the Client must report it in the first instance to a member of staff of the Service Provider. In the unlikely event that a problem cannot be resolved, the Client must notify the Service Provider within 7 days of the end of the Services advising the Service Provider of the full details of the complaint (Notice). Failure to serve the Notice on the Service Provider within the specified period will preclude the Client from being entitled to take any further action against the Service Provider.
12. LIMITATION OF LIABILITY
12.1 This condition 12 sets out the entire financial liability of the Service Provider (including any liability for the acts or omissions of its (future) employees, agents, consultants, and contractors) to the Client in respect of:
(a) any breach of the Contract;
(b) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.
12.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
12.3 Nothing in these Conditions limits or excludes the liability of the Client for mental health problems or personal trauma resulting from the negligence of the Client; or for any liability incurred as a result of fraud or fraudulent misrepresentation by the Client.
12.4 By agreeing with these Conditions, the Client releases, waives, acquits and forever discharges the Service Provider, Nicole Olsthoorn (Director) and all of their employees, coaches, or any of the training instructors, consultants, independent contractors, guides or staff taking part in our Services in any way, including any such claims which allege negligent acts or omissions of the Service Provider and every claim, suit action, demand or right to compensation for damages the Clients may claim to have or that the Clients may have arising out of actions, omissions, or commissions taken by the Client or by the Service Provider, Nicole Olsthoorn (Director) as a result of the advice given, or otherwise resulting from the relationship contemplated hereunder.
12.5 The Client declares and represents that no promise, inducement or agreement not herein expressed has been made to the Client to enter into the release as described in condition 12.4. The release made pursuant shall bind the Service Provider, Nicole Olsthoorn (Director) and their heirs, executors, personal representatives, successors, assigns, and agents.