INDIVIDUAL CLIENT AGREEMENT
By clicking “I Agree,” emailing your statement of agreement, entering your credit card information, or by signing this agreement on this page or reverse, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with services by Claire Whittakeracting on behalf of Artificially Intelligent Consulting thereinafter the (“Coach”, “Company”, “we”, “us,” and “our”) and you are entering into a legally binding agreement with the Company, subject to the following terms and conditions.
WHEREAS, the purpose of coaching is to develop and implement strategies to help Client reach personally identified goals so that Client experiences optimal results in their business, and for their physical, mental, spiritual well-being and overall lifestyle.
WHEREAS, Claire at Artificially Intelligent Consulting a is a Business Coach, and utilizes personal strategic planning, values clarification, brainstorming, motivational coaching, intuition, energy work and healing, and other coaching techniques and modalities to help Client reach their desired results.
WHEREAS, Client seeks Coach/Company’s coaching services to address specific goals for Client’s business and any other goals that Client desires as forth herein or as articulated to Coach/Company by Client for client’s business.
NOW THEREFORE, for valuable consideration and in consideration of the mutual promises contained herein and in consideration of the disclosure of such information by each Party, the Parties agree as follows:
ARTICLE 1. SERVICES
1.1 Upon execution of this Agreement, Coach/Company agrees to render services related to Business Coaching and DRIVE Intensive Session (hereinafter the “Program”).
1.2The terms of this Agreement shall be binding for any further goods/services supplied by Coach/Company to Client in the field of Business Coaching.
1.3The Parties agree that the Program is in the nature of coaching, mindset work, energy healing, motivation and education.
1.4The scope of services rendered by Coach/Company pursuant to this agreement shall be solely limited to those contained therein.
1.5Coach/the Company reserves the right to substitute services equal to or comparable to the Program for Client if reasonably required by the prevailing circumstances.
1.6 Specifically, Client is agreeing to and signing up for the DRIVE Intensive
Included in the program are:
- DRIVE intensive session to confirm requirements and strategy (90 mins)
- Discussion on business
- Support answering technical questions
- Templates and resources used in session
- Follow up summary and next steps
ARTICLE 2. ACKNOWLEDGEMENTS
2.1Client acknowledges and agree to employ the Coach/Company so that Client can obtain information and guidance about business utilizing an approach that includes mindset work, energy healing and related lifestyle behaviors. Client understands that all comments, ideas, suggestions, and protocols offered by Coach/Company are solely for the purpose of aiding Client in achieving Client’s defined business goals.
2.2Client acknowledges and agrees Coach/Company is not a financial advisor, accountant, or an attorney, and the scope of coaching services do not include legal, accounting, or business analyst advice. Client acknowledges and agrees and it is advised to consult with Client’s own attorney, accountant, or financial advisor for any and all questions and concerns Client has have regarding Client’s income, taxes pertaining to Client’s specific financial and/or legal situation. Client further agrees that Coach/Company is not responsible for Client’s income and earnings, the success or failure of Client’s business, the decisions Client makes or does not make, the increase or decrease of finances or income level, or any other result of any kind that Client may have as a result of the coaching presented to Client through Coach/Company’s coaching services.
2.3Client acknowledges [she/he] is personally responsible for all of [his/her] choices, actions and results. Client acknowledges [she/he] alone is fully responsible for the consequences of [her/his] use, non-actions, or non-use, of any information provided through the Coach/Program. Client acknowledges and agrees that [she/he] as well takes full ownership and responsibility to use [her/his] own judgment and due diligence before implementing any idea, suggestion or recommendation from Coach/ the Company and applying it to [her/his] business, family and life.
2.4Client acknowledges and agrees that [his/her] success is 100% [his/her] own responsibility and depends wholeheartedly on [his/her] own effort, commitment and dedication. There are no guarantees. Client understands that results are different for each individual. Each individual’s results depend on the individual’s unique background, dedication, desire, motivation, actions, and numerous other factors. Therefore, Client acknowledges and agrees that Coach/the Company cannot predict or guarantee that Client will attain a particular result. Client acknowledges and agrees that Client’s results are entirely up to Client, and fully agrees that there are no guarantees as to a specific outcome or results Client will gain from Coach/the Company.
2.5Client acknowledges and agrees that Coach/the Company is not responsible for Client’s earnings, the success or failure of Client’s personal or business decisions, the increase or decrease of Client’s finances or income level, or any other result of any kind that Client may have as a result of working with Coach/the Company or the Program. Client, and Client alone is solely responsible for Client’s financial results.
ARTICLE 3. TERM
3.1The Term of this Agreement will commence upon Client’s acceptance of this Agreement and at least the first monthly payment of the applicable Program Fee. Client agrees and understands that upon commencement of the Term of this Agreement, Client will become enrolled in the DRIVE Systems Implementation Session.
ARTICLE 4. FEES
4.1 Client agrees to pay fees to the Coach/Company according to the payment schedule set forth here or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).
4.2The total Fee for the Program is $247. By accepting the terms of this Agreement, Client agrees and understands that Client is committing to pay the Coach/Company either:
4.3The first payment is due upon execution of this agreement. Each subsequent payment shall be made 30 days thereafter until the full Fee is collected and will automatically be debited from your credit or debit card left on file with Coach/Company.
4.4The initial payment shall be made either via credit card authorization or PayPal.
4.5All subsequent payments will be debited monthly with the credit card left on file with the attached credit card authorization form.
4.6Company shall charge a three % late fee on all outstanding balances not paid by the date or dates as agreed between the parties.
4.7If Client is based in Europe and carries out business activities in Europe, the Client is eligible for a 15% VAT. The purchase then needs to go through an issued invoice incl. VAT.
ARTICLE 5. REFUNDS
5.1 Coach/Company abides by a strict, no refund policy. By accepting the terms of this Agreement, Client agrees and understands that they are aware of Coach/Company’s no refund policy. Client further acknowledges that in accepting the terms of this Agreement and affirmatively seeking the benefits of the Program, Client is taking full responsibility for their own success.
5.2 If Client cancels attendance at, or participation in, the Program for any reason whatsoever, Client will not be entitled to receive a refund.
5.3 If Coach/Company is unable to render a portion of the Program as agreed and no suitable rescheduling is able to be arranged, then a refund of that portion only of the Program will be made to Client.
ARTICLE 6. CHARGEBACKS AND PAYMENT SECURITY
6.1 To the extent that Client provides Coach/Company with credit card(s) information for payment on Client’s account, Client/Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates agreed.
6.2 If Client uses a multiple-payment plan to make payments to Coach/Company, Coach/Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Coach/Company’s account or cancel the credit card that is provided as security without Coach/Company’s prior written consent.
6.3Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Coach/Company without notifying Coach/Company in advance, and such change or amendment is a direct breach of this Agreement.
ARTICLE 7. NO RESALE OF SERVICES PERMITTED
7.1Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to any program materials giving to Client by the Company.
7.2 This Agreement is not transferrable or assignable without Coach/Company’s prior written consent, where such consent may be withheld at Coach/Company’s absolute discretion.
ARTICLE 8. NO TRANSFER OF INTELLECTUAL PROPERTY
8.1Coach/Company’s copyrighted and original materials shall be provided to the Client for [her/his] individual use only and with a single-user, non-transferable, revocable license.
8.2Client agrees that [she/he] will not use any of Coach/Company’s intellectual property, including without limitation the Coach/Company’s copyrighted and original materials, for Client’s business purposes.
8.3Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received from Coach/Company electronically or otherwise without the prior written consent of the Coach/Company.
8.4All intellectual property, including Coach/Company’s copyrighted course materials, shall remain the sole property of Coach/the Company.
8.5No license to sell or distribute Coach/Company’s materials is granted or implied by the enrolment or by the payment of any fees.
ARTICLE 9. LIMITATION OF LIABILITY
9.1By enrolling in the Program and using Coach/Company’s services, Client releases Coach/Company, its officers, employees, directors, affiliates and related entities from any and all damages that may result from the provision of the services to the Client.
9.2The Program is an educational/coaching service only.
9.3Client agrees that [she/he] accepts any and all risks, foreseeable or nonforeseeable, arising from such services.
9.4In any event, if Coach/Company is found to be liable, Coach/Company’s liability to Client or to any third party is limited to the lesser of:
i. The total fees Client paid to Coach/Company in the one month prior to the action giving rise to the liability; and
9.5All claims against Coach/Company must be lodged within 60 days of the date of the cause of action arising or otherwise the right of action is forfeited.
9.6Client agrees that Coach/Company will not be held liable for any damages of any kind resulting or arising from the provision of the services including but not limited to: direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrolment in the Program.
9.7 Client agrees that [she/he] uses Coach/Company’s services at Client’s own risk, and hereby releases Coach/Company and its agents from any claims, demands, and causes of action as a result of Client’s own voluntary participation and enrollment in the Coach/the Company’s program.
9.8Client further agrees to release Coach/Company’s and its agents from any liability now or in the future for conditions that Client may obtain. These conditions may include, but are not limited to, allergies, heart attacks, strokes, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, injuries to knees or other joints of the body, injuries to back, injuries to a foot, heat prostration, or any other illness or soreness that Client may incur, including death.
ARTICLE 10. DISCLAIMER OF GUARANTEE
10.1Client accepts and agrees that [she/he] is entirely and solely responsible for [her/his] progress and results from the Program.
10.2Client accepts and agrees that Coach/Company cannot control Client’s responses to the provision of the services under this Agreement.
10.3Coach/Company makes no representations or guarantees whatsoever regarding performance of this Agreement other than those specifically stated herein.
10.4Coach/Company and its affiliates disclaim the implied warranties of titles, merchantability, and fitness for a particular purpose.
10.5Coach/Company makes no guarantee or warranty whatsoever that the Program will meet Client’s requirements or that all clients will achieve the same or similar results and that the results the Client seeks is up to Client.
ARTICLE 11. COACHING RULES
11.1 To the extent that Client interacts with Coach/the Company staff and/or other Coach/the Company clients, Client agrees to behave, at all times, courteously and respectfully.
11.2Client agrees to abide by any coaching rules and/or regulations presented by Coach/the Company for Client’s benefit.
11.3The failure to abide by rules and regulations shall be a material breach of this Agreement and therefore sufficient cause for immediate termination of this Agreement by Coach/the Company.
11.4In the event of such termination, Client shall not be entitled to refund of any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
ARTICLE 12. USE OF COURSE MATERIALS
12.1Client consents to recordings and video for instructional use only being made throughout the coaching program.
12.2Coach/Company reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses, and materials submitted by Client in the context of the course(s) and the Program for future lecture, teaching, and marketing materials, and further other goods/services provided by Coach/Company, without compensation to the Client.
12.3Coach/Client consents to her name, voice, and likeness being used by Coach/Company for future lecture, teaching, and marketing materials, and further other goods/services provided by Coach/Company, without compensation to the Client or need for further agreement by Client.
ARTICLE 13. NO SUBSTITUTE OF MEDICAL TREATMENT
13.1Client agrees to be mindful of her own health and well-being during the provision of any services and to seek appropriate medical treatment, if needed.
13.2Coach/Company does not provide, and does not hold itself out as providing, medical, therapy, or psychotherapy services.
13.3Company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.
ARTICLE 14. TERMINATION
14.1In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due here under shall be immediately due and payable.
14.2Coach/Company shall be allowed to immediately collect all sums due from Client and to terminate this Agreement without providing further services to Client.
14.3 In the event that Client is in arrears of payments to Coach/Company, Client shall not be permitted to use or receive any of Company’s services or to participate in any Program, paid program or otherwise.
ARTICLE 15. CONFIDENTIALITY
15.1The term “Confidential Information” shall mean information, which is not generally known to the public relating to the Client’s business or personal affairs.
15.2Coach/Company agrees not to disclose, reveal or make use of any Confidential Information of Client, during discussion with Client, the coaching session with Coach/Company, or otherwise, without the written consent of Client.
15.3Coach/Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
15.4In order to honor and protect the Coach’s intellectual properties, Client expressly agrees not to disclose or communicate any proprietary information about the Coach/Company’s practice, materials, or methods, or teaching applications, or disparage Coach/Company to any third parties or media outlets.
15.5Both Client and Coach/Company agree to be bound by this mutual nondisclosure agreement during and after the termination of the coaching relationship between Client and Coach/Company.
ARTICLE 16. DISPUTES
16.1 In the event that a dispute arises between the Parties then the Parties agree and accept that they will negotiate in good faith to settle such dispute. If, after a reasonable period of negotiation, the dispute is not settled then either party may commence further action in the venue stated below.
16.2In 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.
ARTICLE 17. INDEMNIFICATION
17.1It is hereby agreed that Client shall defend, indemnify, and hold harmless Coach/Company, Coach/Company’s shareholders, trustees, affiliates, employees, subcontractors and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the service(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Coach/Company, or any of its shareholders, trustees, affiliates, employees, subcontractors and successors.
17.2Client shall defend Coach/Company in any legal actions or the like arising from or related to this Agreement where such action brought by a third party for or on behalf of Client.
17.3Client recognizes and agrees that all of Coach/Company’s shareholders, trustees, affiliates, employees, subcontractors and successors shall not be held personally, individually or collectively, responsible or liable for any actions or representations of Coach/Company.
ARTICLE 18. CONTROLLING AGREEMENT
18.In the event of any conflict between the provisions contained in this Agreement and any materials used by Coach/the Company, Coach/the Company’s representatives, or employees, the provisions of this Agreement shall
ARTICLE 19. CHOICE OF LAW
19.1This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom without giving effect to any principles or conflicts of law.
19.2Subject to clause above, the Parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement in the United Kingdom.
19.3The prevailing party she be entitled to be reimbursed for all reasonable legal fees from the non-prevailing party.
ARTICLE 20. ARBITRATION
20.1At the Coach/Company’s sole discretion, it may require Client to submit any disputes arising from this Agreement, including disputes arising from or concerning its interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules applying the United Kingdom law.
ARTICLE 21. ENTIRE AGREEMENT
21.1This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written.
21.2This Agreement may be modified only by an instrument in writing duly executed by both parties.
ARTICLE 22. SURVIVAL
22.1The ownership, non-circumvention, dispute resolution, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination, for any reason, of this Agreement.
ARTICLE 23. SEVERABILITY
23.1If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof.
ARTICLE 24. MISCELLANEOUS
24.1Upon execution by signing below, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of this Agreement.
24.2A facsimile, electronic, or e-mailed executed copy or acceptance of this Agreement, with a written or electronic signature or statement, shall constitute a legal and binding instrument with the same effect as an originally signed copy.
Term and Termination
We reserve the right to terminate at our discretion Client’s right to the program and provide you with a refund for any part of the program not completed that otherwise had not been paid for in advance. Without limiting its other remedies, we also reserve the right and may immediately discontinue, suspend, terminate, or block your and any user’s access to our site at any time in our sole discretion. In the event of cancellation or termination, you will no longer be authorized to access the part of the Website or Content affected by such cancellation or termination.
Artificially Intelligent Consulting
88 Staveley Close
London, SE15 2JN
Last updated: 25th March 2021