Yep – No one EVER likes to Read These Bits !
However communication is KEY and understanding where we sit in agreement with one another is too.
So if you’re ready let’s read the small print !
EAM Rebels – T & C
Please read this document carefully and let any of our representatives know if you have any questions by sending an email to firstname.lastname@example.org.
By clicking “I Agree,” entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, in the course, programme or event facilitated by F, you (the “Client”) are entering into, a legally binding agreement with EAM Rebels Limited (the “Company”).
In doing so you acknowledge that after participating in any of the programmes delivered by EAM Rebels Ltd (“the programme”), that you are only able to use the methods taught for your own private, professional or personal circumstances. This does not licence or permit me to apply the Energy Alignment Method to others as I am not yet trained in the specifics of using EAM processes. Unless I have completed the relevant accreditation and have been granted the specific permission and rights to do so.
For the safety and protection of others as you have not yet trained, you do not have the full scope of understanding of EAM as a facilitator, coach or mentor. You agree not to teach EAM to others in any way one to one, to groups or individuals, professionally or otherwise, for monetary gain or otherwise. You agree that leaving the teaching of EAM in the hands of Certified Mentors maintains the integrity of the process, which is a benefit to you and all others who use EAM.
You agree to live by the EAM Promise.
You have confirmed that you wish to appoint us (EAM Rebels Ltd) to provide you with services involving education, coaching, lifestyle, transformation, business and personal development. [You acknowledge and confirm that such services are provided to you as an individual for purposes associated with your business and/or personal life.] These are the terms on which such services will be provided. References in these terms to ‘you’ and ‘your’ refer to you, the Client; references to ‘I’, ‘we’, ‘us’ and ‘our’ refer to EAM Rebels Ltd and its representatives.
- THE SERVICES
1.1 Subject to these terms we shall provide you with the services agreed any further services agreed between us in writing from time to time (together the “Services”) in return for payment
1.2 Any dates and times and locations for events specified or otherwise agreed between us are subject to variation at our discretion and time shall not be of the essence in the performance of the Services. Our provision of the Services is subject to:
1.2.1 Your timely payment of all Charges and Expenses due; and
1.2.2 Your fulfilment of the duties and provision of the information otherwise reasonably required by us from time to time (together the “Client Duties”), which you undertake to do promptly and in such manner as we may reasonably direct.
1.3 Force majeure – If for any reasons outside of our control we have to cancel or change the advertised content of the programme or postpone the programme, we shall have no liability whatsoever to you.
1.4 Limitations of liability – our sole liability in relation to any cancellation, postponement or change to the programme shall be limited to the price paid by you for the programme and we shall not be liable under any circumstances for any consequential losses of any type.
- CHARGES AND EXPENSES
2.1 Our charges for the Services (the “Charges”) are as referred to in your invoice or company website and are payable within 7 days of our invoices or if for monthly payments due on the same date each calendar month (or in any case where payment is due in advance of a particular Service, immediately on receipt of our invoice).
2.2 Our invoices shall be issued at or after the stages / times agreed for such charges.
2.3 You undertake to promptly:
2.3.1 Meet any third party expenses referred to in or agreed between us in writing from time to time; and
2.3.2 To reimburse any further expenses (including applicable VAT) reasonably incurred by us in relation to the Services including any additional charges on balances due as per the invoice, over a specific time period which are not paid in a timely manner is as follows:
5% plus Bank of England Base Rate for anything later than 30 days.
10% plus Bank of England Base Rate for anything later than 60 Days.
15% plus Bank of England Base Rate for anything later than 90 Days.
We reserve the right to pursue any outstanding monies due to us through any legal means necessary.
2.4 All payments of Charges and Expenses shall be made in cleared funds into the bank account notified by us. For any late or non~payment of funds, we reserve the right to charge compound interest in accordance with The Late Payment Act, 1998.
2.5 On the date your contract and or payment is entered into the system, following the 14 day cooling off period the Client shall be responsible for the full extent of the Fee. If the Client cancels before the 14 day cooling off period ends, they will be charged an administration fee of £75.
If after the 14 day cooling off period the client cancels attendance at the programme for any reason whatsoever, the fee is still due in full and the Client will receive no refund. If we have to cancel your attendance on the programme for any breach of the terms in this contract, the fee is still due in full and the Client will receive no refund.
2.6 Money Back promises where a money back promise has been offered on any of our courses or programs, this will be subject to the agreements made, which include your completion of the program and being able to demonstrate that you have taken the required actions, followed and implemented the recommended steps. This includes any advice given on coaching calls, attending live calls, engaging in the group, asking for and acting on feedback and implementing recommendations where offered throughout the program. These recommendations may incur further costs over and above the cost of the program itself. The company is not liable for your ability to implement these recommendations.
2.7 To the extent that Client provides Company with Credit Card(s) information for payment on Client’s account, Company shall be authorised to charge Client’s Credit Card(s) for any unpaid charges on the dates set forth herein. If client uses a multiple~ payment plan to make payments to Company, Company shall be authorised, to make all charges at the time they are due and not require separate authorisation, in order to do so.
Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client 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 Company without notifying Company in advance.
2.8 Client is responsible for own travel, meals, drinks, accommodation, internet and phone expenses incurred whilst part of this or any programme unless otherwise stated.
2.9 All payments are made via our Bank Account, Direct Debit, Credit Card processing or automatic system payment to EAM Rebels Ltd on your agreed payment terms.
2.10 Where you are paying for the programme over an extended payment plan, which covers the period of delivery of the service, you confirm that this is not provided under the Consumer Credit Act 1974 (amended in 2006), the Financial Services and Markets Act 2000 and any regulations implementing European Union consumer credit law.
- COPYRIGHT PROTECTION
3.1 You agree not to reproduce, copy, sell, trade, resell or exploit for any commercial purpose any aspect of the Services or any associated materials.
3.2 You acknowledge and confirm that all intellectual property and other proprietary rights in materials provided in connection with the Services, including without limitation copyright and any rights in designs, documents, workbooks, videos, slides and other content are owned by us or our licensors and that you shall not acquire any rights in such materials, use them for any commercial purpose or carry out any action inconsistent with such ownership.
3.3 Should you become aware of any actual or threatened infringement by any person of the intellectual property and proprietary rights referred to in clause 3.2; you undertake to inform us at once in writing.
- CONFIDENTIALITY AND NON~DISPARAGEMENT
4.1 Each of us shall keep confidential all sensitive information relating to the other and their business (which in our case includes materials provided in connection with the Services) and not use such information for any purpose other than that for which it was provided. This clause 4.1 shall not apply to the extent that any information is required to be disclosed by law or by any court or public body having binding authority to require such disclosure. It is also not applicable when prior consent or testimonial has been provided to enable us to share client success stories. Once testimonial or endorsement has been given we are unable to remove or retract from promotional or marketing material.
4.2 We each agree not to engage in any conduct or communications, public or private, intended or likely to disparage the other or damage their interests.
- CLIENT CONDUCT
5.1 You undertake to behave professionally, courteously and respectfully in all dealings with EAM Rebels Ltd or any person(s) acting on our behalf and any other clients or other third parties to whom you may be introduced in connection with the Services. You agree to adhere to any programme rules which we may provide from time to time and not to carry out any action intended or likely to bring us or the Services into disrepute. The failure to abide by course rules shall be cause for termination of this Agreement. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
5.2 Client accepts and agrees that she/he is 100% responsible for her/ his progress and results from the programme. Client accepts and agrees that she/he is the one vital element to the programme’s success and that the Company cannot control Client. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company and its affiliates disclaim the implied warranties of titles, merchantability and fitness for a particular purpose. Company makes no guarantee or warranty that the programme will meet Client’s requirements or that all clients will achieve the same results
6.1 You acknowledge that the Services involve coaching, education, transformation, business and personal development. You agree that their effect depends on your own level of engagement, is subject to your participation and completion of the course. That no specific results can therefore be guaranteed by us. We accept no responsibility for any decisions made by you as a result of the Services.
6.2 Under no circumstances will you be able to use any services, material, claim it as your own or teach this until you become an accredited EAM Mentor via the accreditation process of EAM Rebels Ltd. Once you have completed this stage and received your certificate, you will then be issued with a new contract to reflect this.
6.3 Our obligations are limited to providing the Services as expressly described in your engagement letter and no further warranties, representations or assurances are given by us save to the extent that these are implied by and cannot be excluded under law.
6.4 You acknowledge that EAM Rebels and other representatives are not qualified medically or as a psychologist, counsellor and that the Services are not intended to be medical or therapeutic services. You confirm that you are mindful of your own wellbeing and are wholly responsible for taking any medical or therapeutic advice or treatment which is or may be to your benefit, without guidance or involvement on our part. Please note that we do not suggest you stop any medication or make changes to your health advice given by a qualified medical professional before you consult your healthcare provider.
6.5 The Company is not responsible for any decisions made by the Client as a result of the coaching, training, business advice and any consequences thereof.
6.6 Whilst we do our best to only recommend people we value, trust or know uphold the same values, you acknowledge that the company is not liable for the services, delivery or implications of engaging with any recommended products, services or other providers introduced at any point in our programs or marketing materials.
- LIABILITY AND INDEMNITY
7.1 Our liability to you in connection with the Services (including without limitation as a result of any breach of this letter or negligence) shall be limited to the level of the Charges actually paid by you to us under your engagement letter.
7.2 We do not accept any liability whatsoever for:
7.2.1 Any consequential or indirect losses, loss of profit, business, goodwill and/or anticipated savings;
7.2.2 Any failure or delay in performing the Services to the extent arising from any matter beyond our reasonable control.
7.2.3 We reserve the right to change the location of our events. In such an event we are not liable for any costs incurred by you for a change of location.
7.3 You undertake to indemnify us and any person(s) acting on our behalf in connection with the Services for any and all losses, costs, claims or demands suffered by us or them arising as a result of your acts or omissions.
7.4 The limitations of liability in this clause 7 applies to the company and all person(s) acting on the company’s behalf including without limitation Yvette Taylor or Lisa Hammond, personally. However, nothing in this contract shall limit the liability of any person in respect of any matter for which it is not possible to limit liability at law.
8.1 Either of us may terminate this immediately by giving the other party notice in writing (excluding email) where the other party:
8.1.1 Materially breaches any provision of this letter and fails to remedy the breach within 7 days of the first party serving written notice referring to this clause 8.1, specifying the breach and requiring it to be remedied (and any failure to pay Charges or Expenses when due is deemed a material breach); or
8.1.2 Is adjudicated bankrupt or seeks to negotiate or is party to any voluntary arrangement or composition with creditors; or
8.1.3 Is admitted to hospital pursuant to any mental health legislation, or is subject to any order of a court having jurisdiction (in the UK or elsewhere) in matters concerning mental disorder, for detention or for the appointment of a person to exercise powers regarding its property or affairs.
8.2 This contract terminates automatically on your death or the dissolution of the company.
8.3 Termination shall be without prejudice to the rights or obligations of either party accrued up to termination and all rights and obligations set out in this letter other than those contained in section 1. Where any Services are partially completed at termination and not paid for in advance, we reserve the right to invoice a fair pro rata amount of the total Charge for such Services. For any uncompleted Services not paid for in advance, any reimbursement shall be in our absolute discretion.
8.4 In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. In the event that a Client is in arrears of payments to Company, the Client shall be barred from using any of Company’s services, until the payment has been received.
- PHOTOS, RECORDINGS & TESTIMONIALS
9.1 You consent to photos and audio, written testimonials on social media and/or audio~visual recordings being taken in, the course of the Services and to such photos and recordings (and your name, voice and likeness) being used by us, for the purpose of any lecture, teaching, coaching and marketing materials used, or other goods and services offered by us in the future, without permission or entitlement to compensation.
10.1 Notices served under this letter shall be in writing and sent by first class mail or by hand to the address specified in your engagement letter, or to such other address as the relevant party may notify in writing in accordance with this clause 10.1. Notices shall be deemed served at 9.00am on the first Working Day following delivery by hand or the second working day following delivery by first class mail, a “Working Day” being any day on which UK banks are open for business.
10.2 You may not assign any of your rights or sub~contract or otherwise delegate any of your obligations under this letter except with our prior written consent. We may assign our rights and delegate our obligations in our absolute discretion.
10.3 Failure or delay by either party to insist upon strict performance of any provision of this letter or to exercise any right shall not be construed as a waiver of any breach or right.
10.4 If any provision of this letter is held by any court or other competent authority to be void or unenforceable in whole or part, this letter shall continue to be valid as to its other provisions and the remainder of the affected provision.
10.5 Nothing in this letter shall create, or be deemed to create, a partnership or the relationship of principal/agent or employer/employee between the parties.
10.6 For the purpose of section 1(2) of the Contracts (Rights of Third Parties) Act 1999 the parties state that they do not intend any term of this letter to be enforced by any third parties, save that (i) clause 7 may be enforced by the persons acting on behalf of Yvette Taylor, Lisa Hammond on the basis referred to within it, including without limitation Yvette Taylor or Lisa Hammond personally, and (ii) any third party right which exists or is available independently of that Act is preserved.
10.7 This contract constitutes the parties’ entire controlling agreement and supersedes all prior arrangements and understandings relating to its subject matter and may not be varied except by a written instrument executed by both parties.
10.8 Headings are for convenience only and shall not be used to aid interpretation.
10.9 References to “written” and “in writing” includes email unless otherwise indicated. References to a “person” includes both individuals and incorporated legal entities.
10.10 You acknowledge that, in entering into this contract, you do not do so on the basis of, and do not rely on any representation, warranty or other provision except as expressly provided in this letter, and all conditions, warranties or other terms implied by statute or common law are hereby excluded to the fullest extent permitted by law.
10.11 This letter and any non~contractual claims or disputes shall be governed by and construed in all respects in accordance with English law, and each party hereby submits to the exclusive jurisdiction of the English courts.
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