AGREEMENT

1. Coaching Services

By signing this Agreement with a signature, or ticking that you agree on the checkout or replying to an email that you agree with this agreement, the Parties are agreeing to abide by the terms and conditions of this Agreement as set out below.

Introduction In accordance with the terms and conditions set out within this Agreement the Coach agrees to provide the Services as defined below to the Client in exchange for payment of the Fee (as defined below).

This agreement will cover both live coaching and coaching accessed from recorded masterclasses by the client, recorded by the coach and the coaches team.

We, The Virtual Vibe called “the company”, welcome you, called “the user” for our websites, email lists, social media accounts, free communities or “the client” to any paid courses, resources, masterminds, and coachings.

All of our platforms, free and paid materials are subject to the following agreement which may be updated by us from time to time without further notice. By consuming any of the free or paid materials provided by the company you acknowledge that you have read, understood, and agreed to be legally bound by these Terms and Conditions and our Privacy Policy. If you do not agree to any of these terms, please do not use, visit, or consume our websites, free content, or paid trainings.

We do not permit the use or purchase of our offers without prior acceptance of our Terms and Conditions. The acceptance of our Terms and Conditions happens latest with the transfer of the payment or first instalment.

All agreements made between the user and the company result from these terms and conditions and from individual consultation with you. We do not accept deviating conditions from the customer unless explicitly stated in writing by the company. This also applies if we do not explicitly object to the inclusion of additional conditions.

2. Terms of Agreement:

2.1 By entering into this Agreement the Client understands and accepts that they are
entering into a coaching arrangement (the “Programme”) which is to be delivered in the way that is detailed by the checkout which could be, but limited to, individual coaching sessions, group coaching sessions, passive ‘DIY’ courses, guides, videos, recordings and other resources in addition to the agreement at time of check out.

Coaching sessions for the duration of our coaching term (the “Sessions”).
If the term you have previously agreed will include messaging support, this is taken place on a messaging platform such as Slack during Monday-Friday office hours 9am-5pm.

2.2 The Programme shall be delivered pursuant to the details set out in Schedule 1 to this Agreement and to the details agreed at the checkout.

2.3 The total cost of the Programme which the Client shall pay is as agreeable at time of check out (“the Fee”).

2.4 The Client agrees to make payment of the Fee to the Coach in accordance with the payment terms set out in Schedule 2 to this Agreement.

2.5 Where a payment plan has been agreed for payment of the Fee then the details of such plan and the relevant instalments shall be set out in Schedule 2 to this Agreement.

2.6 The Fee is to be paid to the Coach by Stripe Transfer. Once cleared payment of the Fee (or cleared payment of the first instalment if a payment plan is agreed is received by the Coach, the Coach shall provide a receipt to the Client and shall confirm the date of the first Session.

3. The Sessions

3.1 The Client understands and accepts that it is the Client’s responsibility to schedule the Sessions with the Coach by email or other method of contact as expressly agreed by the Coach.

3.2 In the event the Coach is unable to attend a scheduled Session then the Coach will make all reasonable attempts to provide the Client with as much notice as possible and shall ensure that the Session is rescheduled to a mutually convenient time.

3.3 The Client understands and accepts that it is the Client’s responsibility to attend the Sessions at the agreed time and agrees to provide the Coach with at least 24 hours’ notice of any intention to cancel a scheduled Session. In the event of a cancellation request made in advance of 24 hours then in good faith the Coach will make all reasonable attempts to reschedule that Session to a mutually convenient time.

3.4 The Client accepts that in the event the Client fails to attend a scheduled Session or fails to provide 24 hours’ notice to cancel, then the Client shall forfeit the right to that Session or be billed for non-attendance.

3.5 The Coach reserves the right to make amendments, revisions or changes to the
Programme or cancel, amend, change or reschedule any part of the Programme as is reasonably required by the Coach. The Coach shall not be liable to the Client for any changes or cancellations that are made.

4. Client’s Obligations

4.1 The Client accepts and acknowledges that entering into this Agreement does not
establish any form of legal business relationship and that the Coach is only liable to the Client in respect of the Services provided and to the extent as set out herein.

4.2 The Client accepts and understands that they are solely responsible for making
decisions and taking appropriate action as a result of any matters reviewed or discussed during the Programme and that the Coach shall not be liable for the Client’s failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of the Client’s participation in the Programme. The client is solely responsible for their results.

4.3 The Client acknowledges that it is their responsibility to attend the Sessions as agreed and during such Sessions to participate fully, and communicate openly and honestly.

4.4 In the event the Client has any concerns as to the Coach’s delivery of the Services or the Client’s participation in the Programme in any way the Client agrees to notify the Coach of such concerns by email as soon as possible. The Coach agrees that upon receipt of notification of such concerns that the Coach will use all reasonable efforts to work with the Client to resolve the Client’s concerns.

4.5 The Clients agrees and understands that participation in the Programme does not guarantee results or success. As part of the Programme the Client will have access to information, resources, people and support all designed to benefit the Client but it is the Client’s responsibility to take action and to implement the necessary information received and/or skills or tools shared.

4.6 The Client agrees that they will not canvass, promote or advertise their products or services to any employee, client or contractor of the Coach or use their participation within the Programme to canvass, promote or advertise their products or services without the Coach’s express consent, such consent not to be unreasonably withheld.

4.7 The Client agrees that for the duration of the Programme and for a period of 24 months afterwards, that the Client will not employ, engage or attempt to induce, employ, solicit or entice away from the Coach any of the Coach’s employees, or contractors that were engaged, employed or contracted to the Coach at any point during the period of the Programme without the Coach’s express consent in writing, such consent not to be unreasonably withheld.

4.8 When participating in our programs and services, the client agrees to behave in an appropriate manner towards the company and other participants of the program. In the case of disruptive or inappropriate behaviour one warning will be given before we temporarily or permanently remove the client from the container. In such cases our right to compensation remains unaffected.

5. Late Payment

5.1 The Client is responsible for ensuring that Payment of the Fee or any instalment of the Fee is paid in full and on time in accordance with the payment terms set out in Schedule 2 to this Agreement.

5.2 If payment of the Fee or any instalment of the Fee is beyond 7 days overdue, then the Coach shall be entitled to any or all of the following remedies:

5.2.1 to withhold delivery of Services until payment has been made in respect of the
outstanding amount;

5.2.2 to apply a fixed sum charge of £50 to the Client’s account;

5.2.3 to apply interest to the Client’s account on a daily basis as from the date payment is due until full payment (including accrued interest) is received by the Coach. Interest will be calculated on the outstanding fee at a rate of 8% over the Bank of England’s base rate from time to time.

5.3 In the event a Client's account is beyond 30 days overdue the Coach shall be entitled to instruct a collection agent or solicitor to seek recovery of the Fee along with interest and any accrued costs incurred.

6. Refund Policy

6.1 No refund policy shall apply to the Client’s purchase of the Programme.

7. Termination

7.1 This Agreement may be terminated by either party providing written notice in accordance with the terms of this Agreement in the following circumstances:
a) either Party commits a material breach, and in the event that it is a breach being capable of remedy, the Party in breach fails to remedy the breach within 14 days of being notified of the breach by the other Party;
or
b) either Party commits a material breach which is incapable of being remedied;

7.2 The Coach will be entitled to limit the Services or suspend, and/or terminate the
Agreement without refund of any Fee, whether paid or remaining due and payable, if the Coach reasonably determines that the Client:

a) is becoming disengaged, disruptive or if the Client impairs the participation or progress of the Programme and/or provision of the Services. For the purposes of this Agreement the terms disengaged and disruptive shall be given their ordinary dictionary meaning and examples of such behaviour shall include, but
not be limited to, displaying a lack of interest in the Services, repeatedly requesting Sessions to be rescheduled without reasonable justification or reason, failing to positively contribute to discussions during Sessions or other contact, repeatedly ignoring or failing to respond to emails or other messages, communicating in a way which is abusive or intended to cause offence;

and/or

b) is failing to follow or abide by any of the terms set out within this
Agreement or any other terms or guidelines as may be agreed whether such action
constitutes a material breach or not.

8.Rights of Use

8.1 We have exclusive copyright to all images, videos, texts, workbooks, webinars, databases, templates, prompts, or trainings we publish across all platforms, including but not limited to Instagram, Facebook, TikTok, YouTube, and any password protected platform. Any use of this content is not permitted without our explicit, written permission.

8.2 The customer receives a simple right of use with regard to the content stored by us in the password-protected member area, exclusively for the duration of the contract period. This right of use serves to implement the contract concluded individually with the customer.

8.3 The access and logins to our programs, content, and platforms is granted to the client on a per-person basis and exclusively for the duration of the contract period unless otherwise stated. Passing on the provided access, login data, and the content of our member platforms to third parties who have not been authorised by us is strictly prohibited. In the event of violations an appropriate contractual penalty will be determined and enforced. The appropriate amount will be determined by the company with respect to the damages created.

8.4 Joint access by maximum two (2) company employees or co-owners of the same business is allowed. Should a training be shared to more employees additional licenses can be obtained at a reduced rate.

8.5 Violations of our company and business secrets as well as our copyrights will always be prosecuted under civil law and reported to the responsible investigating authority under criminal law.

8.6 The customer does not receive any right of use in relation to advertising texts / advertisements published by us on our websites or within forums or groups (including private and public Facebook Groups).

9. Ban on Passing on or Recreating Internal Information and Company Secrets

9.1 During our training sessions or live calls other coaching participants may disclose internal information or business details. In this respect confidentiality towards external parties and third parties is to be maintained at all times and in full. Dissemination of this information is prohibited.

9.2 Any information, teachings, or methods taught inside our courses and programs are intellectual property of the company. Disclosing or reproducing this information to third parties, in your own social media content, or your own coaching containers is strictly prohibited.

9.3 In the event of violations by the client we are entitled to temporarily or permanently suspend access to our coaching containers and logins to our training platforms. The contractual obligations of the customer towards us remain unaffected in this case.

9.4 Should you wish to use any of the materials or teachings you acquired during one of The Virtual Vibe Coaching trainings, please reach out to admin@thevirtualvibe.co.uk and enquire about affiliate opportunities.


10. Confidential Information.

10.1 The coach agrees that any information received by the client during any furtherance of the consultant's obligations in accordance with this contract, which concerns the personal, financial or other affairs of the company will be treated by the coach in full confidence and will not be revealed to any other persons, firms or organisations.