Terms of Business

Katie Rothwell Terms of Business 

Agreed Terms

  1. TERM OF ENGAGEMENT 

1.1 You are engaging me as a Pain / Health Coach, therapist and instructor to provide coaching services on the terms of this agreement as specified in the Schedule to this Agreement.

1.2 This contract between us will commence on the date you sign this agreement and will continue either until all of the services have been performed or unless and until terminated by either of us giving 2 weeks notice to the other in writing to the relevant address set out above.

  1. YOUR HEALTH

We are not medical professionals and cannot advise or diagnose.  If you have concerns about your health and suitability to attend sessions then you should consult your doctor or other medical professional.  You should notify us at the outset of any medical conditions that you have concerns about taking part in either the BEAT pain program, hands on therapy or classes.  If we have concerns about your health or ability to take part we may require you to stop.

  1. SESSIONS AND CANCELLATION

3.1 Each appointment at which the services are provided will last for a maximum of one hour and will either take place online, in my office at Bagley Cottage or in the therapy room at Bagley Cottage unless we agree to an alternative venue. Pilates classes are sometimes held in third party locations such as community centres.

3.2 Where sessions are held in third party venues, you agree to comply at all times with such venue’s policies and rules in relation to such venue (particularly fire safety and health and safety rules).  You will be required to leave the venue if you do not comply with such policies and rules (and I shall not be obliged to refund you any amounts pain in relation to such session).

3.3 You are responsible for your own belongings that you take to a session and neither I nor any third party venue will be liable for any loss, damage, theft or destruction of any of your belongings.

3.4 You agree to reimburse me in full and indemnify us against any claim from any third party (and addicted costs and expenses (including professional fees) arising out of your actions or inactions while at a third party venue.

3.5 You may cancel a session by notice in writing, by email or phone to the other and the following cancellation fees will be payable by you.

3.6 If you cancel a session then you must pay the following cancellation fees:

  • No cancellation fee if you cancel a session more than 7 days before the start time of the session; and 
  • A 50% cancellation fee if you cancel a session 48 hours before the start time or the session but more than 48 hours before the start time of the session; and
  • 100% cancellation fee if you cancel the session on or less than 24 hours prior to the start of the session.
  • If you have paid as part of a package, unless at least 48hours notice is given you will forfeit that session.

3.7 I may cancel a session by providing notice to you and if I do so, I will re-schedule the session to the earliest mutually convenient time.

3.8 During or prior to our first session, I will ask you to complete a questionnaire and you will provide true and accurate answers to the questions.   

3.9 Where you purchase a package of sessions in advance, The following terms will apply:

  • Upfront payment: Payment for the entire package of sessions must be made either in full or agreed installments at time of booking and prior to commencement of the first session
  • Usage period: The sessions included in the package must be used within the agreed 6 week period or pre agreed period from the date of purchase.  Any sessions not used within this period will expire, and no refund will be provided for any unused sessions.
  • Non-refundable: Once the package has been purchased, subject to the cooling off period referred to in clause 5.3, no refunds will be given for any reason, including failure to use the sessions within the specified time period.
  • Session Scheduling: You are responsible for scheduling and attending the sessions within the agreed timeframe. I will make reasonable efforts to accommodate your preferred times, subject to my availability.
  1. DUTIES OF COACH/ THERAPIST / INSTRUCTOR

4.1 I shall provide the services with due care, skill and ability.

4.2 Other than as set out in clause 4.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching, I do not guarantee any particular results.

  1. FEES

5.1 In consideration of me providing the services to you, you will pay me a fee for each session of (my current hourly rate including VAT) or as part of the pre-paid package. Where a session lasts for less than 1 hour the fees will be calculated on a pro rata rate. 

5.2 Subject to clauses 3.6 and 5.3 of this agreement, I will not be obliged to provide you with any refunds for any reason. 

5.3 As you are purchasing the services as a consumer (namely you are not purchasing the services wholly or mainly in the course of a trade, craft, profession or business), the following applies:

  • You have the right to cancel this agreement within 14 days of the date of this agreement by emailing us at info@katierothwell.co.uk or by using the form of cancellation annexed to this agreement at Annex 1.  To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.  If you cancel this agreement, we will reimburse to you all payments received from you in relation to the agreement within 14 days after the date on which we were informed about your decision to cancel this contract; and
  • {not withstanding paragraph 5.3a above, you agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in such a paragraph and you acknowledge that you will lose your cancellation rights in relation to such digital content; and
  • In relation to the provision of any services under this contract:
    1. You hereby request immediate performance of the contract and acknowledge that you will lose your right of withdrawal from the contract once the service contact is fully performed; and 
    2. If you cancel the contract before the services have been fully performed, you agree that you will pay for the supply of the services for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

5.4  If you contact me between scheduled sessions then I may at my discretion provide a brief response to you free of charge. If however I consider that more time is needed to deal appropriately with your communication then I may either:

  • Advise you to arrange an additional session (at the fees set out in clause 5.1 above); or
  • Inform you of the time I would need to spend in responding to you and the fee which would be payable by you for such a response. I will obtain your approval to such fee before incurring any fees.

5.5 I will invoice you monthly arrears for the fees set out in this Clause 5 (together with VAT which shall be charged in addition to the fees, where appropriate).

5.6 You shall pay each of my invoices in full and in cleared funds [within 7 days of the date of the invoice] to the bank account nominated in writing by me.

5.7 You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with your participation in the sessions.

5.8  Without prejudice to any other right or remedy that I may have, if you fail to pay me on the due date, I may:

  • Charge interest on such sum from the due date of payment at the annual rate of 4% above the base rate from time to time of Monzo accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and you shall pay the interset immediately on demand; and 
  • Suspend all services until payment has been made in full.

5.9 All sums payable under this agreement shall become due immediately on termination of this agreement, despite any other provision. This clause 5.6 is without prejudice to any right to claim interest under the law, or any such right under this agreement.

  1. CONFIDENTIAL INFORMATION

I acknowledge that in the course of providing the services I will have access to Confidential Information. Confidential Information means: information in whatever form relating to you and your affairs that are confidential to you including (but not limited to): (i) information that I obtain in connection with the provision of the services and (ii) the fact that I am providing the service to you.

6.1 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:

  • Any use or disclosure authorised by you or required by law;
  • 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
  • Any information which is already in, or comes into, the public domain otherwise than through my unauthorised disclosure.

6.2 As with good practice in coaching, I undertake coaching and am part of supervision groups.  You agree that I may disclose any issues that arise out of the sessions with my own coach, supervisor or group but I agree only to disclose such issues on a general basis and without disclosing your name.

6.3  You may disclose to third parties such information about the sessions as you wish.

6.4  We keep notes of our sessions in order to refer back to you in instances when this may be useful.  These notes are stored in password protected documents 

6.5 As a member of the SMA (Sports Massage Association) I am bound by their code of conduct.

  1. DATA PROTECTION AND INTELLECTUAL PROPERTY

7.1 You acknowledge that your personal data will be processed by and on behalf of me providing you with the services. I will use and process your personal data in accordance with my Privacy Notice that you can view at katierothwell.co.uk

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

7.3 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.

7.4 I grant to you a limited, non-exclusive, non-transferable, non-sub licensable, revocable license to use all or any of the content or material used in the sessions for the purposes for which the sessions were provided only. 

7.5 You may not without my prior written consent make any audio or visual recordings of all or any part of our sessions.

  1. OBLIGATIONS ON TERMINATION

8.1 If either of us give notice to terminate this agreement pursuant to clause 1.2, then as soon as reasonably practicable after such notice (and in any event before the date of termination of this agreement), you shall make yourself available for a final session.

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

8.3 Termination of this agreement shall not affect the accrued rights, remedies, obligations and liabilities or either of us as at the date of termination of this agreement, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination.

8.4 Clauses which expressly or by implication have effect after termination shall continue in full force and effect after the date of termination of this agreement, including the following clauses: clause 6 (confidential information), clause 8, clause 10 (limitation on liability) and clause 16 (governing law and jurisdiction).

8.5  All clients are expected to behave in a professional manner during sessions.  The consequences of inappropriate behaviour, including but not limited to harassment, verbal abuse, or physical misconduct may result in either: (i) immediate termination of the session; or (ii) potential refusal of future services; or (iii) no refunds for suspended sessions due to inappropriate behaviour.

  1. STATUS

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

  1. LIMITATION ON LIABILITY 

10.1 Nothing in this agreement 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 be legally excluded or limited.

10.2  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 and me providing the services.

10.3  My total liability in contract, tort (including negligence or breach of statutory duty) , misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by you for the sessions.

10.4  If I am prevented from or delayed in performing my obligations by your act or omission or by any circumstances outside of my control, I shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

10.5 The provisions of this clause 10 shall survive termination of this agreement.

  1. FORCE MAJEURE

I shall not be in breach of  this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond my reasonable control.

  1. ENTIRE AGREEMENT

You acknowledge and agree that this agreement constitutes the entire agreement and understanding between us and supersedes any previous arrangements, understanding or agreement between us relating to the provision of the services (which shall be deemed to have been terminated by mutual consent).

  1. VARIATION

No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of us.

  1. COUNTERPARTS

This agreement may be executed in any number of counterparts, each of which, when executed, shall be an original, and all the counterparts together shall constitute one and the same instrument.

  1. THIRD PARTY RIGHTS

15.1  A person who is not a party to this agreement shall not have any rights under the Contracts (rights of third parties) Act 1999 to enforce any term of this agreement.

15.2  The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any person that is not a party to this agreement.

  1. GOVERNING LAW AND JURISDICTION

16.1 This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English Law.

16.2  The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).

  1. INTERPRETATION

17.1  The definitions and rules of interpretation in this clause apply in this agreement (unless the context requires otherwise).

Confidential Information: information in whatever form relating to you and your affairs that are confidential to you including (but not limited to): (i) information that I obtain in connection with the provision of the services and (ii) the fact that I am providing the services to you.

17.2  A reference to a particular law 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 tie being in force made under it. 

 

Back to top