Professional Coaching Diploma Programme Agreement
These terms and conditions (“the Agreement") apply to the delivery of the Professional Coaching Diploma Programme (“the Programme”) by Kudzi Coaching and Training Limited T/A Optimus Coach Academy, a company registered in England and Wales under company number 12330486, whose registered office is at 7 Bell Yard, London, England, WC2A 2JR (“We”, “Us”) to you the purchaser of the Programme (as defined in Schedule 1 and being, “You” or "Your”) (together, "the Parties").
By confirming your acceptance to this Agreement you are agreeing to abide by these terms and conditions as set out below.
In accordance with the terms of this Agreement, including the Schedules and our privacy notice which can be found at www.optimuscoachacademy.com, we agree to provide the Programme, as defined below, to you in exchange for payment of the Fee (as defined below).
- Definition and Interpretation
- For the purposes of this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
Assessment Support Call Fee
means the sum of £250 plus VAT which is payable by a Client for an individual support call in the event of unsuccessful completion of the Programme assessment.
means any day from Monday to Friday between the hours of 9.00am and 17.00pm.
means you and any other individual purchasing, accessing or otherwise using the Programme and Services.
means any comments, information, content, photographs or graphics relating to the Programme that are provided to us by a Client.
means any ideas, know-how, business practices, customer/client details, personal data, materials, coaching tools, content, data, software, documents, resources, video and audio recordings, presentations, downloads, podcasts, workbooks, methods, concepts and techniques, systems, plans, trade secrets, and other confidential and/or proprietary information.
means any materials, information, tools, videos, documents, resources, video and audio recordings, workbooks, data and other content.
means the total cost of the Programme, excluding Session Fees, Assessment Support Call Fees, Individual Session Fees or any other additional administration costs or reassessment costs.
means the private online area within Kajabi as well as our private Facebook community group.
means a private one-to-one session between a Client and us.
Individual Session Fee
means the sum of £150 plus VAT which is payable by a Client in the event of non-attendance at an Individual Session.
means any copyright, database right, design right, patent, registered design, service mark, trademark and any application for any of the above whether current or pending and whether in the UK or any other part of the world.
means any information which is capable of identifying
another individual as further defined within the General
Data Protection Regulation 2016/679.
means the sum of £150 plus VAT which is payable by a Client to submit a third, or subsequent, assessment attempt.
means the Services included as part of the Programme as set out in Schedule 1.
means any interactive group session provided as part of the Programme.
means the sum of £50 plus VAT which is payable by a Client in the event of non-attendance at a Session.
- The Programme
- By proceeding with your purchase of the Programme and entering into this Agreement, you understand and accept that you are purchasing access to a Diploma qualification Programme for the provision of coaching, training, teaching and mentoring support (the “Programme”).
- Our Agreement will begin on the date you acknowledge and confirm acceptance and will continue until the Programme has been delivered, unless the Agreement is terminated earlier in accordance with these terms or we agree otherwise in writing.
- If you access or use any of our free resources whether they are provided directly to you or accessed through our Website, which may include audio files, workbooks, PDF’s, introductory or discovery sessions, podcasts or workshops then the terms of this Agreement will apply to those, except for the clauses relating to payment and consumer rights legislation.
2.2. When we deliver the Programme we shall ensure that it is fit for purpose, as described and that we provide the Services with reasonable skill and care, consistent with best practice and standards applicable within the coaching and mentoring industry. In delivering the Services to you we may engage the services of our employees, contractors and other third-party providers as necessary
2.4. The Services are designed to be accessed online only and no alternative will be provided. All Sessions will take place via Zoom or other online meeting facility, as we may confirm to you in writing.
2.5. Any information, Content, support, materials or guidance that we provide to you as part of the delivery of the Programme are intended for a group audience and on this basis, you should not rely upon the information as personal to you, unless we expressly advise you otherwise. Any information we provide will not constitute legal, medical or financial advice. Should you require personal support or feel that you require further contact or support which is over and above the Services set out in Schedule 1, then a further agreement will need to be arranged and separate terms and payment agreed.
- Accessing Sessions and Private Groups
3.1. It will be your responsibility to check for emails and posts concerning the scheduling of Sessions. We regret that no alternative or replacement dates or times will be offered if you are unable to attend a Session for whatever reason. Where you fail to attend a Session you will be responsible for payment of the Session Fee before you are able to attend any further Sessions.
3.2. All Individual Session times and dates will be agreed between us via email. Should you need to cancel or rearrange an Individual Session then you must provide us with at least 2 Business Days' notice. Any request to rearrange or cancel with less than 2 Business Days’ notice will be treated as a non-attendance and you will forfeit the right to that Individual Session and be required to provide payment of the Individual Session Fee prior to scheduling a new Individual Session.
3.3. If you attend a Session or an Individual Session more than 15 minutes after the scheduled start time then we reserve the right to refuse you access to the Session or Individual Session and to treat your action as non-attendance. In these circumstances you will be required to provide payment of the Session Fee or Individual Session Fee, as appropriate before scheduling a new Session or Individual Session.
3.5. Should we be unable to attend a Session or Individual Session then we will make all reasonable attempts to provide you with as much notice as possible and to reschedule to a mutually convenient time. Where we reschedule a Session then we will use our reasonable endeavours to reschedule at a time which is convenient to the majority of Clients.
3.6. It is important to us to ensure that all Clients accessing the Programme feel safe and comfortable and therefore we ask you to agree to conduct yourself in a reasonable and responsible manner at all times when accessing any of the Services and not to act in a manner which may cause offence, distress or alarm to any other Client.
3.7. When you access the Programme and Services, you agree:
3.7.1 not to record any Sessions or Individual Sessions for your personal use or otherwise; and
3.7.2 not to share information, whether expressed to be confidential or not, that is shared by another Client; and
3.7.3 not to capture or share images of any other Client or that include any other Client without that Client’s express permission; and
3.7.4 not to impact the delivery of the Programme to you or any other Client; and
3.7.5 not to act or behave dishonestly, fraudulently, or in a way which we reasonably consider may have a detrimental effect on our business or reputation; and
3.7.6 not to use any Private Group for any unlawful purpose; and
that when accessing any Private Group, that you will not upload, post, transmit or otherwise make available content that:
- is by its nature defamatory, libelous, obscene, demeaning or which causes offence to another individual whether intended or not; or
- discloses personal and/or confidential or sensitive information about another person; or
- is threatening, abusive or causes us or a Client to feel harassed or in fear; and/or
3.8. Should you become aware of any inappropriate behaviour, comments or content being shown or displayed within any of our Private Groups or during the delivery of any aspect of the Programme then you agree to notify us as soon as possible.
3.9. Where we consider, in our reasonable opinion, that you are in breach of clause 3.7 above then we reserve the right to withdraw your access to the Programme and any Sessions and/or any Private Groups. Following such action, we will arrange a meeting with you to discuss the matter and to determine whether your access will be removed permanently. Where we decide to withdraw access permanently then our arrangement will terminate. Any decision to provide you with a refund will be entirely at our discretion having regard to your actions and the proportion of the Programme already delivered to you.
3.10 Where we provide you with access to a private area and you are required to set up an account it shall be your responsibility to:
3.10.1 provide the correct information to create your account; and
3.10.2 keep your password and any other access information private, safe and secure; and
3.10.3 to notify us should you become aware of, or suspect that a third party is aware of your password or other access details.
- What we expect from you when we work together
4.1. When you purchase the Programme you are agreeing that you are over 18, that you are legally capable of entering into a legally binding contract and that all information you provide to us is true and accurate.
4.2. The Programme is designed to provide you with information, tools, materials and skills to support you in developing as a coach and obtaining a professional coaching diploma as well as developing your business. It is not a substitute for counselling or other therapy services and we are not medical or health practitioners. If you are currently seeking medical or other professional help concerning your mental health, or if you are unsure as to your mental capacity to participate in the Programme, then you should seek advice from a relevant medical professional and inform us if appropriate and relevant.
4.3. During your participation in the Programme you may be exposed to information or situations that trigger deep or otherwise unresolved emotional responses. By using and participating in the Programme and the Services you are confirming that you are mentally well enough to do so and that you understand that you are personally responsible for managing your own emotional state. You agree not to hold us liable for any emotional distress experienced as a result of your access to the Programme and we reserve the right to terminate your access to the Programme where we have concerns as to your suitability to safely use it.
4.4. As part of your participation in the Programme and access to the Services, you may be required to review and make decisions concerning your personal and home life, business and career, finances, lifestyle, education and development and health and wellness. You accept that any such reviews, subsequent decisions, implementation and action will be your sole responsibility and that we shall not be liable for your failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of your access to and use of the Programme.
4.5. Where you choose to participate in any coaching, mentoring or training activities or any demonstrations offered as part of the Programme, then you acknowledge that any decision to participate is voluntary and at your own risk. You agree to inform us if at any time you feel uncomfortable or unsafe with any aspect of the Programme or if you have any concerns with the delivery of the Programme or your ability to use or access the Services.
4.6. In order to maximise the results of the Programme we may provide you with tasks, activities or exercises to complete between Sessions or between Individual Sessions. Whilst you are under no duty or obligation to follow our suggestions, failing to do so may affect your progress and the results you achieve in connection with the Programme. Any tasks or activities or exercises that are undertaken and require feedback must be provided to us at least 2 Business Days before any schedule Session or Individual Session.
- Professional Coach Diploma Qualification
5.1. As part of the Programme you will be offered the opportunity to undertake an assessment to obtain a Professional Coaching Diploma (“Diploma”) working to the standards of the International Coaching Federation (“ICF”) and the Association of Coaching (“AC”).
5.2. To apply for the Diploma qualification you will be required to undertake the actions and file the submissions as detailed below:
5.2.1 1 x live coaching session via zoom which will be recorded and observed by an assessor; and
5.2.2 Completion of 50 x coaching hours; and
5.2.3 Completion of 1 x portfolio containing reflections from coaching hours; and
5.2.4 At least 90% attendance at all provided training sessions.
5.3. All submissions for assessment will be reviewed with reference to the ICF PCC standards (September 2020). A copy is available on request.
5.4. If your submission for the Diploma qualification is unsuccessful, or you fail to undertake the steps set out above, you will be offered the opportunity to undertake the assessment for a second time at no additional cost to you. Should your second assessment be unsuccessful then any further assessments will be at our discretion and you will be required to provide payment of the Reassessment Fee to undertake any further assessments.
5.5. The decision to award you with a Diploma shall be at our absolute discretion. Any appeals concerning our decision should be made in writing and emailed to [email protected]
5.6. You will have a period of 12 months from the date of the first Session to successfully complete the Programme and your assessment. If you fail to complete the Programme and your assessment within 12 months then you will be offered the opportunity to access a 30-minute assessment support call with one of our coaches to help you get back on track. The cost of the call is not included in the Fee and you will be responsible for payment of the Assessment Support Call Fee should you wish to access the support call.
5.7. We make no guarantee that you will successfully achieve ICF or AC accreditation as a result of undertaking this Programme. Once you have successfully completed the Programme and obtained your Diploma qualification, you will be entitled to apply for accreditation with the ICF and/or the AC. As both the ICF and the AC are independent bodies, any decision to accept or refuse accreditation will be based upon their criteria and terms and conditions. We recommend that you review their accreditation criteria prior to making any application. We accept no liability and shall provide no refund in the event you are unsuccessful in obtaining accreditation through the ICF or the AC.
5.8. No refunds will be provided where a decision is made not to award you with a Diploma. We may offer you the opportunity to retake the assessment or certain elements of the Programme again at no extra cost if you have fully-complied with the Programme, attended all Sessions and have completed all assessments, any such decision will be at our absolute discretion.
5.9. As a professional coach we would expect you to adhere to the relevant standards and code of ethics produced by the ICF and the AC.
- Compliance with supervisory, accrediting, or regulating bodies
6.1. As part of your access to the Programme you will have the opportunity to learn, develop and experience powerful tools and techniques. When learning and using these tools you agree to use them responsibly and ethically.
6.2. Your Diploma will be provided by Kudzi Coaching and Training Limited through the Optimus Coach Academy. Throughout the delivery of the Programme we will be speaking about the ICF and AC ethical standards and guidelines. Should we determine that, in our reasonable opinion, you have acted in a way which is in breach of any relevant ethical guidelines then we shall be entitled to revoke your accreditation and terminate your access to the Programme without refund.
6.3. You shall be responsible for ensuring that you comply with all rules, regulations and codes of conduct that apply to your work as a coach or any services that you deliver or intend to deliver both during the Programme and following its termination.
- Your Purchase of the Programme
7.1 The clauses below set out how a legally binding agreement is formed between us:
7.1.1 you place an order to purchase the Programme;
7.1.2 once your order is placed, we may send you an acknowledgment email, but this does not mean your order has been accepted;
- acceptance of your order is at our discretion and may not be accepted in cases where there is an error with the Programme detail, Services description or price, where the Programe or Services are no longer available, or where we feel the Programme may not be right for you;
- if your order is not accepted, we will notify you by email and provide a full refund of any payment you have made in connection with your purchase of the Programme;
- if your order is accepted, then our legally binding agreement will begin when we send your welcome email.
7.2 In some circumstances it may be necessary for us to make amendments, revisions or changes to the Programme or Services or cancel, amend, change or reschedule any part as is reasonably required. If we do need to make any changes then we will ensure that the Programme still matches the original description, except where a change enhances the original description. We shall not be liable for any reasonable changes that are made to the Programme.
- Payment terms
8.1. The Fee which is payable by you in GBP and the applicable payment methods are as set out in Schedule 1. Payment of the Fee does not guarantee ICF or AC accreditation. The Fee does not include Individual Session Fees, Group Session Fees or Assessment Support Call Fees, where applicable. You will be responsible for payment of any such additional fees should you incur them.
8.2. Time for payment shall be of the essence and shall be made without deduction, set off, or any form of withholding except as is required by law, and cleared payment must be received by us before you are entitled to access the Programme.
8.3. If you choose to pay by credit or debit card then you authorise us to charge your payment method. If it is rejected, or fails, but you have still received access to the Programme, you agree to provide full payment within 7 days from access to the Programme being provided.
8.4. If we agree to accept payment by instalments, you agree to provide payment of the instalments in accordance with the instalment plan provided to you at the time of your purchase.
8.5. We reserve the right to change any of our charges and the Fee at any time. Any changes will not affect the price of the Programme where payment has already been made and a welcome email has already been sent.
8.6. The Fee is based upon our knowledge and experience and the time, effort and availability of the Programme and is not based on your actual usage and/or level of attendance. You agree and acknowledge that:
8.6.1. you shall not be entitled to any form of credit to or deduction from the Fee for any non-attendance or lack of usage of the any part of the Programme on your part; and
8.6.2. the Fee is payable in full and non-refundable save for the circumstances set out in our refund policy (see below).
8.7. All payments provided to us are non-refundable unless the following circumstances apply:
8.7.1 you purchase the Programme as a consumer and you cancel within the cooling off period as further described below; or
- we cancel delivery of the Services (as set out in clause 12.2), in which case you shall be entitled to a partial refund for any part of the Programme which you have paid for but have not yet received.
- In light of our refund policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted. If you have any concerns with the Programme then you agree to contact us by email to [Enter contact email] and allow us the opportunity to investigate and resolve your concerns. If you choose to pursue a chargeback claim without first contacting us then you accept that such action shall constitute a breach of our Agreement and you agree to indemnify us for the repayment of any charges, costs or fees imposed on us by your debit or credit provider or our merchant service provider as a result of your actions, along with our reasonable costs for dealing with the matter calculated at a rate of £100 per hour.
- If you are invited to attend in person meetings, events, retreats or similar then you will be responsible for arranging and funding your own travel, accommodation and insurance in order to participate in such activities.
8.8 If we agree to accept payment by instalments, you agree to provide payment of the instalments in accordance with the instalment plan on the checkout page, instalments will payable on the date each month that you signed up on a monthly basis.
- Late Payment
9.1. You are 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 1 to this Agreement.
9.2. Without prejudice to any other right or remedy that we may be entitled to, where your account is beyond 7 days overdue then:
9.2.1 we shall be entitled to withhold access to the Programme, including all Sessions, Individual Sessions and Private Groups, until payment has been made in respect of the outstanding amount; and
9.2.2 interest shall accrue and be added to your account on a daily basis as from the date payment is due until full payment (including accrued interest) is received by us. Interest will be calculated on the outstanding Fee at a rate of 5% over the Bank of England’s base rate from time to time; and
9.2.3 a fixed administration fee of £50 shall be added to your account.
9.3. In the event your account is beyond 14 days overdue then we shall be entitled to instruct a collection or legal agent to seek recovery of the Fee along with any additional charges, interest and any accrued costs incurred.
- Your rights when purchasing the Services as a Consumer – the cooling off period
10.1. If you purchase the Programme as a consumer then you will be entitled to a 14-day cooling off period which begins from the date of your welcome email.
- If you wish to cancel your order within the 14-day cooling off period then you will be entitled to do so by providing us with notice in writing to [email protected]
- Upon receipt of your notice of cancellation:
- if you have not already accessed and/or we have not started delivery of any part of the Programme within the 14-day cooling off period, then we shall cancel your order and provide you with a full refund of any Fee you have paid to me; or
- if you have accessed and/or we have started delivery of the Programme within the 14-day cooling off period, then you acknowledge that you will be responsible for any reasonable costs we have incurred in providing the Programme and/or Services and such costs will be deducted from any refund due to you, or, where payment of the Fee has not yet been made, you will be responsible for proving payment of the pro-rated Fee.
- Where we offer you the opportunity to receive immediate access to the Programme before the 14-day cooling off period has expired, then if you choose to access the Services immediately, before the 14-day cooling off period has expired, you acknowledge that you will lose your right to cancel in accordance with this clause. This does not affect any other rights you may have as a Consumer.
- If your purchase of the Programme includes digital products or services that are available for immediate access then as soon as you access them or begin downloading or streaming, you will waive your right to cancel and will not be entitled to a refund unless a fault exists with that product or service.
- Complaints or Concerns
11.1. We want you to be entirely happy with the Programme. In the event you have any concerns about the Programme, you agree to let us know by email to [email protected] and give us a reasonable amount of time to investigate and resolve your concerns before you take any further action. For the purposes of this Agreement further action includes stopping payment or making any chargeback or similar claim.
- Where you do provide us with notice of a complaint or concern then we will confirm receipt by email and follow my internal complaints handling procedure to investigate and deal with your complaint or concern.
- We reserve the right to vary or re-perform the Services where we consider a concern is justified and in such case the terms of this Agreement will apply to any re-performed Services.
- Nothing in this Agreement affects any statutory rights that may apply to you.
- Cancellation and Termination
12.1. You may cancel and end this Agreement at any time by providing us with 14 calendar days' notice in writing. Please remember that, unless the circumstances in clause 8.7.1 or 8.7.2 apply, no refunds will be made and you will remain liable for full payment of the Fee despite any notice of cancellation.
12.2 We may cancel this Agreement where we are unable to continue providing the Services for any reason. In such circumstances we will provide you with notice in writing and provide you with a refund in accordance with clause 8.7.2 above.
12.3. Either of us may end this Agreement by giving written notice to the other, with immediate effect, if at any time:
12.3.1 one of us commits a material breach of any term of this Agreement and if it is a breach that can be remedied or resolved, fails to remedy that breach within 14 days of being asked in writing to do so. Any request must refer to this clause, provide full details of the breach, any suggested or proposed action that can be taken to resolve it and confirm that this Agreement will be terminated if the breach is not remedied; or
- either one of us becomes subject to bankruptcy, insolvency or similar financial order or proceedings affecting us personally or affecting our business, where applicable.
- 4 Upon termination of this Agreement for any reason:
12.4.1 your access to all Services, any private social media accounts, any Private Groups, and any other online resources will be removed, unless expressly agreed otherwise. We will not be liable to you for any claims relating to the removal of any access;
12.4.2 any Fee or other monies owed by you to us will become immediately due and payable;
12.4.3 any terms of this Agreement which either expressly or by their nature relate to the period of time after termination and/or the Programme has been delivered, shall remain in full force and effect; and
12.4.4 you shall cease to use, either directly or indirectly any Content or Confidential Information belonging to us, or provided by us to you, and shall immediately return to us or destroy any copies in your possession or control.
12.5 In the absence of any earlier termination in accordance with this Clause, this Agreement will terminate as set out in Clause 2.2.
13.1. It is important to us to create a safe and secure space for everyone accessing the Programme and therefore the protection of confidentiality is very important to us, which is why, when you disclose Confidential Information to us, we agree not to communicate or disclose it, make it available to others, or use it for our own purposes without your consent, unless provided for in this Agreement.
13.2. Where we disclose Confidential Information to you, or where it is disclosed by a Client, you agree that the Confidential Information belongs solely and exclusively to the person disclosing it, and that you will not:
14.2.1. disclose, communicate, reproduce or distribute it, or use it for your own benefit, whether personally or commercially and whether directly or indirectly; or
14.2.2. use it for any purposes which are unlawful, would cause harm or distress to another person, or would cause damage to our business or reputation.
13.3. For the purposes of this Agreement, Confidential Information excludes any information that was already known to us before you provided it, or where it was already in the public domain, created by us, or provided to us separately by someone else without any breach of this Agreement.
- Intellectual Property
14.1. As part of the Services we may provide you with access to Content. We take the protection of our Intellectual Property Rights in relation to our Content and our Services very seriously. When you enter into this Agreement you agree that from the start date of this Agreement:
14.1.1. that all Content remains our confidential and proprietary intellectual property and belongs solely and exclusively to us; and
14.1.2. that you will not record any webinars, online or in-person events, videos, Sessions or any Content; and
14.1.3. that you will not infringe any of our Intellectual Property rights or any such rights belonging to a Client.
14.2. Our Content can only be used by you in connection with your use of the Programme and should not be copied, modified, reproduced, shared, sold, published, disclosed, or used for any reason, whether for commercial gain or not, without our prior written consent and nothing within this Agreement constitutes a transfer of any intellectual property or grant of a licence or any right to use unless expressly set out in this Agreement or we have provided our prior written consent.
14.3 As part of your purchase of the Programme, we will grant to you a personal, limited, non-transferable, non-exclusive, revocable licence to access, view and use our Content on the following terms only:
14.3.1. as part of any one-to-one private work that you undertake subject to you having in place strict terms and conditions to protect the use of our Content from any infringement by your clients or other third parties;
14.3.2. as part of any private group work you undertake subject to you ensuring that you clearly reference us as authors and creators of the Content and on the basis you have in place strict terms and conditions to protect the use of our Content from any infringement by your clients or other third parties;
14.3.3. for your private and personal use only; and
14.3.4. as part of your use of the Programme for the purposes as intended by this Agreement.
14.4. Your licence becomes valid upon payment of the Fee and any other monies owing to us and we have the right to withdraw it at any time, without notice where we reasonably believe you are in breach of the terms of the licence.
14.5. You shall not use our Content or any of our Confidential Information or Intellectual Property for any other purposes including but not limited to:
14.5.1. as part of your own business or training courses or to create a system, method or training course;
14.5.2. in any lectures, seminars, workshops, webinars, presentations or similar;
14.5.3. as if the Content was created or produced by you;
14.5.4. for any other purpose without our express consent in writing;
14.6. Where any Content contains intellectual property belonging to a third party, its use will be subject to that third party’s terms and you shall be responsible for seeking consent to use it from that third party. Nothing contained within this Agreement shall be construed as any form of implied or expressed licence or other form of use of that party’s intellectual property and we shall not be liable to you in respect of your use or attempted use of any Content that contains material belonging to a third party.
14.7. In the event of your breach of your obligations relating to our Intellectual Property (including but not limited to our Content and Services) then:
14.7.1. you shall immediately cease and desist the illegal use of our Intellectual Property upon receipt of such notice from us;
14.7.2. you agree and accept that damages, loss, or irreparable harm may arise for us due to your illegal use of our Intellectual Property and, in such circumstances, we shall be entitled to seek relief, including injunctive relief against you; and
14.7.3. you shall indemnify and keep us fully indemnified for all such damages and losses sustained as a consequence of your breach of this clause 14.
14.8. The provisions above shall continue in force notwithstanding termination of the Agreement for any reason.
- Your Personal Data and how we use it
15.1. Personal data for the purposes of this Agreement means any information which is capable of identifying another individual, as further defined within the GDPR.
15.2. Any Personal Data you provide to us will be maintained, stored, accessed and processed in accordance with recognised data protection laws and legislation including the GDPR. We shall only process your Personal Data to the extent reasonably required to enable proper delivery of the Programme and shall retain it only for as long as reasonably necessary to allow completion and delivery of the Programme and to comply with any legal or regulatory requirements. For full details of how we process, use, collect and store your Personal Data please refer to our privacy notice which can be found at https://optimuscoachacademy.com/
15.3. As part of the delivery of the Programme your image may be recorded in photographs, images or screenshots by us or other Clients and shared on social media. By purchasing the Programme and agreeing to the terms of this Agreement you are providing your consent for your image to be used. Should you wish to revoke your consent you can do so by emailing us at [email protected]
15.4. Our obligations under this Clause and under clauses 13 and 14 above, shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings (whether or not in relation to this Agreement) , to allow us to obtain legal advice, where we have been directed to do so by a court or other body of equivalent jurisdiction or where it is necessary because we reasonably believe you are at risk of danger to yourself or others.
- Reviews and Testimonials
16.1. If you choose to share Client Content with us you are granting to us, free of charge, permission to use that Client Content in any way as part of our business services, which shall include advertising and marketing.
16.2. When sharing Client Content, you confirm that you have the legal right to share it and that it does not infringe any third party’s intellectual property or other rights.
16.3. If you provide us with a testimonial, review or similar (“Review”) then by doing so you consent for us to exhibit, copy, publish, distribute, use on our website or any of our pages, our social media sites or in our advertising and marketing campaigns or email communications, your Review or part of your Review, as we reasonably require to lawfully promote our business. You can amend your consent at any time by emailing us.
16.4. These provisions shall survive termination.
- Non-solicitation and non-competition
17.1. For the duration of your access to the Programme and for a period of 12 months afterwards you agree NOT to:
17.1.1 canvass, promote or advertise your products or services to any of our employees, Clients, contractors, or any individual who is a member of any of our free groups or is considering purchasing the Programme or any of our business services (“Prospective Client”) or use your purchase and access to the Programme to canvass, promote or advertise your products or services without our express consent, such consent not to be unreasonably withheld; or
17.1.2. solicit or attempt to solicit any of our Clients or Prospective Clients without our express consent, such consent not to be unreasonably withheld; or
17.1.3. employ, engage or attempt to induce, employ, solicit or entice away from us any of our employees or contractors that were engaged, employed or contracted to us at any point during the time of your access to the Programme, without our express consent in writing, such consent not to be unreasonably withheld.
18.1. Your purchase of the Programme and your compliance with the terms of this Agreement does not constitute or imply any business relationship other than as set out within the terms of this Agreement.
18.2. We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:
18.2.1. any indirect, consequential or special damages, losses or costs; or
18.2.2. any loss of profits, business, data, reputation or goodwill or any such anticipated losses; or
18.2.3. any failure to deliver the Programme where we are prevented due to a reason beyond our reasonable control; or
18.2.4. any losses arising from your choice of Programme or Services requested or your use of the Programme once delivered.
18.3. We warrant that the Programme and the Services are of satisfactory quality and reasonably fit for the purposes in which they are intended to be used.
18.4 Save for the warranty set out in the clause above, all warranties and representations are excluded to the fullest extent permitted by law.
18.5 Should you incur damages due to our default or breach, our entire liability is limited to the amount of the Fee paid by you at the time loss is sustained. You agree and acknowledge that this term is fair and reasonable given the nature of this arrangement and the provision of the Programme.
18.6. Nothing in this Agreement shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.
18.7 Nothing in this Agreement seeks to excuse or limit your legal rights as a consumer, where applicable. For further information concerning your legal rights please contact your local Citizens Advice Bureau.
18.8. You agree to indemnify and hold us harmless for any action taken against us due to your violation or disregard of:
18.8.1. any of the terms of this Agreement;
18.8.2. your use or participation in any way in any way with the Programme.
18.9. During the term of your access to the Programme and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, employees, contractors, or Clients, or ours or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or Clients.
18.10. In the event a dispute arises in connection with the provision of the Programme which is incapable of being resolved by mutual consent then we both agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible 30 days following mediation then either of us shall be at liberty to commence legal action.
- No Guarantee
19.1. When purchasing the Programme you will have access to the Services, Content, people and support all designed to benefit you but it is your responsibility to take action and to implement the necessary information received and/ or the skills or tools shared. Your success and any results are dependent on factors which are outside of our control and we regret that we are not able to guarantee that any particular results or success will be achieved.
19.2. We have made every effort to accurately represent the Programme. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results. As with any business endeavour, there is an inherent risk of loss of capital and we make no guarantee, representation or warranty with respect to the Programme or the Services provided.
20.1. Where reference in this Agreement is made to the provision of a notice then any such notice shall be validly served if sent by email to the address of the other party as set out in this Agreement and shall be deemed served upon receipt of a valid delivery notification, if prior to 5pm UK time, or at 9am the following business day.
20.2. All notices should be sent to us at [email protected]
20.3. It shall be your responsibility to notify us should your contact email change.
21.1. The failure of either one of us to actively enforce any provision of this Agreement shall not prevent that party from subsequently seeking to enforce any term or obligation of this Agreement and any such failure shall not constitute a waiver, diminution or limitation of any right.
21.2. In the event any provision of this Agreement is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
21.3. This is the entire agreement between us and supersedes all other negotiations, drafts, correspondence and discussions prior to the execution of this Agreement.
21.4. Every effort will be made to deliver the Programme in accordance with this Agreement but we shall not be liable for any delay or failure in provision of the Programme should we be prevented or delayed due to any act, event, omission or accident beyond our reasonable control (“Events”), including but not limited to any of the following: an act of god (which shall include but not be limited to fire, flood, earthquake, windstorm or other natural disaster), extreme adverse weather conditions, disease, epidemic or pandemic, strike, industrial action, lock out, lockdown, war or threat or preparation for war, civil war, civil commotion, riot, armed conflict, imposition of sanctions, embargo, terrorist attack, nuclear, chemical or biological contamination or sonic boom, explosion, delays in transit, malicious or accidental damage, collapse of building structures or failure of plant or machinery, loss at sea, any act or omission of a telecommunications officer or third party supplier of services, or any other circumstances beyond our control. Should an Event occur then time of delivery of the Programme shall be extended until a reasonable time after the Event preventing or interfering with the delivery, and under no circumstances will we be liable for any loss or damage suffered by you as a result thereof.
21.5. Where an Event arises, we will provide you with an email setting out the nature and extent of the Event and any steps we are taking to mitigate the impact and effect.
21.6. Should the Event continue for longer than 6 months then either one of us shall be entitled to terminate this Agreement by providing the other with 14 days’ notice in writing. Termination in these circumstances shall be without prejudice to the rights of the parties in respect of any breach of the Agreement occurring prior to termination. Any refunds will be considered at our discretion.
21.7. This Agreement is formed in the United Kingdom, our principal place of business and this Agreement and the rights of the parties to this Agreement shall be governed by the laws of England and Wales. The Parties to this Agreement submit to the exclusive jurisdiction of the Courts of England and Wales and the laws from time to time in force.
21.8. You agree that no other representations have been made by us to induce you into entering into this Agreement and no modification to the terms of this Agreement shall be effective unless in writing and signed by both parties.
21.9. Save as provided for in clauses 14.1.3 and 18.9 the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.
21.10. You acknowledge that you have been given sufficient time to seek legal advice prior to entering into this Agreement.
I confirm that my signature indicates my full understanding and agreement with the information outlined above.
SIGNED BY THE CLIENT SIGNED BY Kudzi Coaching and Training Limited
Signature: _________________ Signature: _________________
Registered Company Number:
Subject to payment of the Fee by the Client, the Programme shall be delivered as follows:
- 7 x group mentoring sessions lasting a minimum of 60 minutes each;
- 100 hours of live teaching time;
- 3 x Individual mentoring sessions lasting a minimum of 60 minutes;
- Opportunity to receive feedback on 5x recorded coaching sessions (minimum 30 minutes);
- Opportunity to undertake final assessment;
- Assessed portfolio of coaching reflections;
- Access to private Facebook community group;
- Monthly group business coaching Sessions;
- Opportunity to apply for ICF and / or AC accreditation;
- Access to download a recording of Session for up to 30 days following the date of the Session;
- Provision of self-study workbooks to support you between Sessions;
- Email access to subject to a maximum weekly limit of 30 minutes per week. We agree to use out best endeavors to respond to all emails within 2 Business Days;
- Access to resources and tools to use with your clients