Terms of Agreement
In order to gain the most from your session(s), please read the agreement below. Please get in touch if you are unclear of any of the provisions.
This Agreement is entered into the date of the initial consultation by Anna Daphna Coaching Ltd (hereafter referred to as ‘Anna Daphna Coaching Ltd’ or ‘we’) and the partnering organisation, you or your child (hereafter referred to as ‘you’ or 'the client').
In consideration of the mutual covenants and agreements contained herein, the above-mentioned parties agree as follows:
1.1 Anna Daphna Coaching Ltd agrees to provide the session/package that you have chosen.
1.2 All techniques are being used as part of a high performance/life/business/ADHD/executive function/academic/educational/study and revision skills coaching, mentoring, consulting and self-development programme and are not to be taken as medical advice or treatment.
1.3 Any information provided by Anna Daphna Coaching Ltd as part of this service is for guidance purposes only and must not be taken as advice or a guarantee of any outcome.
1.4 By booking your initial session or evaluation you acknowledge that you have read, understand, and agree to be bound by the terms of this Agreement.
2. Use of online platforms
2.1 Unless otherwise agreed, your session will be delivered via an online platform such as Zoom.
2.2 It is your responsibility to ensure you understand the mode of delivery for all purchases and have access to these platforms.
2.3 Whilst we have made every effort to ensure that the availability and delivery of our products are of a high standard, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates. Where possible, we will endeavour to limit the frequency and duration of suspension or restriction.
2.4 We will be not be liable to you for damages or refunds, or for any other recourse, should our services become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our services inaccessible to you.
2.5 We are not responsible for delays outside of our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
3.1 Unless scheduled for a specific date and time, all packages with be valid for the stated duration plus one calendar month (eg. If you have purchased a three month package you must use all sessions within four months from the date of the first session.)
3.2 All sessions must be used during the specified term and you will forfeit any sessions which have not been used within this time.
3.3 Your first session must be booked within one year of the date of the first invoice issued.
4.1 In exchange for the service, you agree to pay the amount stated at the time of booking.
4.2 The total amount is due no later than 7 days in advance of the first session, unless a payment plan is agreed with Anna Daphna Coaching Ltd.
4.3 Your session/package may be cancelled if payment is not made within the specified time and any deposit paid will not be refunded.
4.4 You are responsible for the total fee as stated at the time of booking, regardless of whether or not you attend all sessions.
4.5 You authorise Anna Daphna Coaching Ltd to process payment by way of bank transfer, through PayPal, Stripe or a similar platform. Where payment is made via a third party platform you may be charged an additional processing fee which is non refundable.
4.6 Payment plans may be arranged at the discretion of Anna Daphna Coaching Ltd. If we agree to payment for our services by payment plan, a supplementary fee may be charged.
4.7 If a payment plan is agreed, you must pay the first instalment at the time of booking.
4.8 If you fail to make any of the payments on the date due we shall invoice you immediately for the whole of the outstanding balance and payment for that invoice will become due immediately.
5.1 Cancellations and amendments are subject to the conditions below and can be made at any time.
5.2 If you wish to cancel your session/package, you can do so by emailing us at firstname.lastname@example.org and you must notify us no later than 48 hours prior to your scheduled session.
5.3 If you wish to cancel your session/package within 14 days of the date of this Agreement, you will be given the option to reschedule your session or to receive a refund (provided you have not already received your session).
5.4 If we have incurred any reasonable costs any money you have already paid may not be reimbursed.
5.5 You may reschedule a maximum of two consecutive sessions, or three sessions in total, during each package, providing you notify us no later than 48 hours prior to your scheduled session.
5.6 Any request to reschedule beyond this will result in the termination of your package. You will forfeit any remaining sessions and the total outstanding amount will become due immediately.
5.7 Save for exceptional circumstances, you will forfeit any session(s) if you fail to provide us with at least 48 hours notice of your request to reschedule and you will not be entitled to a refund or to reschedule.
5.8 Sessions are scheduled for fixed dates and times and it is your responsibility to ensure you attend on time. If you are late for your session, we will not finish later and you may not receive the full time allocated due to respect for the next client.
5.9 If you are late for your session, the missed time will not be refunded.
5.10 If due to exceptional circumstances, we need to cancel a session, you will be notified as soon as possible and an alternative date will be provided. If you are unable to attend any of the alternative dates provided then you will be offered a refund or will be entitled to deduct the amount paid from an alternative course, package, programme or product offered by Anna Daphna Coaching Ltd.
5.11 We reserve the right to amend the techniques used during the package based on the issue(s) being worked on and the suitability of the modality.
5.12 You may choose to alter your package at any time only by including more services. You will be charged for any sessions that have already been fulfilled and will be required to make payment for any additional services.
5.13 If you have not used all of the sessions in a package, the remainder of any payment that has already been made can be used towards an alternative service, course or programme.
5.14 If you have not used all of the sessions in a package, it may be possible to transfer the remainder of your packages to another person but this will need to be agreed with Anna Daphna Coaching Ltd.
5.15 If you decide to cancel your session(s) for any reason, it is highly recommended to have one final session to wind down the work.
6. Results and guarantees
6.1 Your readiness and engagement during, before and after the sessions will indicate the timeframe you will see results. 90% of the work is done outside of the session and you will have to engage with your own healing and progress.
6.2 The success of any coaching, mentoring, consulting or training depends on many factors, including, but not limited to:
-Your personal needs and other circumstances,
-Your energy and time commitment,
-How effectively you or the person in charge implements the techniques, strategies and recommendations taught in the package/training,
-How efficiently you or the person in charge follows up on each session of the package,
-Existing health conditions,
and where relevant
-The particular market and industry in which your business operates.
6.3 For best results we recommend weekly sessions are established initially to ensure the approach is tailored to suit your needs.
6.4 Testimonials and examples provided are not intended to represent or guarantee that you will achieve the same or similar results.
6.5 Anna Daphna Coaching Ltd does not provide medical, legal, investment or business advice as part of this package. All recommendations are provided for your consideration and should not be solely relied upon. We aim to provide great benefits from your participation in the package/training/mentoring/coaching/consulting/session, however, Anna Daphna Coaching Ltd does not guarantee or represent in any way that you or your business will attain a certain level of health, sales, profits, earnings, or any other metric of success. It is your responsibility to obtain professional advice.
6.6 Any recommendations which are made by Anna Daphna Coaching Ltd are not to be solely relied upon and you must use your discretion when deciding what is appropriate for you.
7.1 In order to experience the full benefits of the session, it is advisable not to drink alcohol or consume any illegal drugs for at least 48 hours before the start of the session and 24 hours after the session.
7.2 If you are under the influence of alcohol or drugs your session may be cancelled and you will not be entitled to a refund.
7.3 Anna Daphna Coaching Ltd does not claim to diagnose, heal, treat or cure any health conditions and you must continue to take any prescribed medication throughout the entire duration of the package.
7.4 You must inform us of any health conditions you have which may impact on your ability to participate in the package.
7.5 You must not consume any alcohol or illegal drugs at any time during the session(s).
7.6 The exercises included as part of your package may involve the use of gentle breathing or physical movement. You must advise the us if you are likely to suffer an adverse reaction to the use of any of these techniques.
7.7 It is your responsibility to advise us prior to the start of the session of any injuries or health conditions you have which may impact on your ability to participate in the package.
8. Use of materials, methods and systems
8.1 It is at Anna Daphna Coaching Ltd’s discretion to use alternative modalities as part of the package as and when necessary.
8.2 You agree that all methods, processes, and strategies taught by Anna Daphna Coaching Ltd are our sole and exclusive property and constitute a confidential proprietary system that is protected by law, including but not limited to copyright, trademark, and trade secret law.
8.3 Anna Daphna Coaching Ltd’s system includes all materials associated with the package, all academic/educational/ADHD/executive function/business/high performance coaching strategies, all associated coaching advice, and all written material.
8.4 You agree to maintain the confidential nature of the package and its related materials, strategies, and advice, and you agree not to duplicate, disseminate, distribute, or otherwise disclose any part for any reason to third parties unless such disclosure:
is part of the Session,
is required by valid legal process (whereby you agree to provide prompt written notice of such legal process to Anna Daphna Coaching Ltd so that we can take appropriate legal action to protect our interests), or
concerns matters or materials that have lawfully become part of the public domain.
8.5 You agree that any violation of the terms of this section will cause substantial and irreparable harm to Anna Daphna Coaching Ltd and that we are entitled to seek any form of legal redress available, which may include injunctive relief and substantial damages.
9. Force Majeure
9.1 Except for an obligation to pay fees, neither Anna Daphna Coaching Ltd nor you shall be liable for failure to perform any obligations under this Agreement during any period in which they cannot be performed due to matters beyond our control. This includes, but is not limited to, strike, fire, flood, or other natural disaster, war embargo, or riot, cyber-attack, sickness, provided that the delayed immediately notifies the other party of such delay. The terms of this clause shall not exempt Anna Daphna Coaching Ltd or you from the obligations hereunder, but merely suspend the duty to perform them until the force majeure condition ceases to exist.
9.2 In such circumstances the affected party shall be entitled to a reasonable extension of the time for performing such obligations.
10.1 Anna Daphna Coaching Ltd reserves the right to terminate this Agreement at any point if we feel that you are being disruptive, are acting in breach of the law, or are in violation of this Agreement. All fees will become payable by you upon termination of this Agreement.
11.1 Confidential information refers to any data or information relating to you, whether business or personal:
- which would reasonably be considered to be private or proprietary to you;
- that is not generally known, and;
- where the release of that confidential information could reasonably be expected to cause harm to you.
11.2 Anna Daphna Coaching Ltd agrees that we will not disclose, divulge, reveal, report or use, for any purpose, any confidential information which we have obtained, except as authorised by you or as required by law. The obligations of confidentiality will apply for the duration of the session/package/programme/service and will survive indefinitely upon termination of this Agreement.
11.3 All written and oral information and material disclosed or provided by you to us under this Agreement is confidential information regardless of whether it was provided before or after the date of this Agreement or how it was provided to us.
11.4 Any information disclosed to you by Anna Daphna Coaching Ltd as part of the course/package/programme/session/serivce must also remain confidential. This includes information relating to personal experiences and any unpublished methods or techniques which are disclosed.
12. Governing Law
12.1 This Agreement shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
13.1 No variation of this Agreement shall be effective unless it is in writing and signed by Anna Daphna Coaching Ltd and you (or authorised representatives).
13.2 If any provision of this Agreement is invalid, illegal, or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way.
14. Testimonials and feedback
14.1 We may ask you to provide a testimonial of your experience with us.
14.2 Should you wish to provide a testimonial, or if you voluntarily provide any feedback by email or on a social media platform, you confirm that you give your consent for Anna Daphna Coaching Ltd to use the text in its entirety, or in part in order to promote our business.
14.3 You agree and consent that any comments made to or about Anna Daphna Coaching Ltd or our practitioners by you on any social media platform (whether on a personal profile, business profile or in a group) can be used by Anna Daphna Coaching Ltd in order to promote our business.
14.4 You confirm that the testimonial, feedback or comment can be used in all media, including: printed materials, business communications, presentations, social media and in the advertising of services generally.
14.5 You give consent to Anna Daphna Coaching Ltd to edit the testimonial as necessary, without consulting you, provided the message remains the same.
14.6 You give Anna Daphna Coaching Ltd consent to refer to your business name and first name on the testimonial and agree that the testimonial is given voluntarily and you will not receive financial compensation for it.
17.1 The waiver or failure of Anna Daphna Coaching Ltd to exercise any obligation under this Agreement shall not be deemed a waiver of any further right.
18.1 If any provision of this Agreement is invalid, illegal, or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed modified in order to comply with applicable law, and the remaining provisions shall not be affected in any way.
19. Governing Law
19.1 This Agreement shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
20.1 We reserve the right to terminate any services to partnering organisations, institutions or local authorities involved in legal proceedings.
In providing services to partnering organizations, it is crucial to emphasize that engagement will be promptly terminated not only in the case of ongoing legal proceedings but also in the event of any potential threats or controversies that may lead to legal action against the partnership organisation in the future. The Company seeks to avoid entanglement in any legally questionable situations that may involve local authorities or other organizations potentially facing legal action from parents or other stakeholders.
In adherence to a foundation of transparency and integrity, any partnerships must align with legal standards and ethical considerations. In the event that a partnering organization becomes entangled in legal ambiguity, controversy or proceedings. Company reserves the right to terminate services to safeguard against involvement in potentially contentious situations.
This precautionary measure aims to protect the interests of all parties involved and maintain a commitment to legal and ethical practices. Clear communication and adherence to legal standards are fundamental to the sustainability and integrity of the Company's partnerships.
21. Entire Agreement
21.1 This Agreement is the entire agreement and understanding between Anna Daphna Coaching Ltd and you and supersedes any prior agreement or understanding whether oral or written relating to this Agreement.
By booking the initial session you agree to the terms above.