PRIVATE AND GROUP COACHING TERMS & CONDITIONS
1. APPLICATION OF THE TERMS OF THE CONTRACT
1. These terms and conditions (“Terms”) apply to Private and Group Coaching Programs provided by Panos Platritis Diet & Health Center Ltd (“The Company”), a Cyprus based Company with registration number: 10369434 X and registered address 7 Georgiou Papandreou , 3081, Limassol, Cyprus.
2. The agreement for you to participate in a Private or Group Coaching Program is entered into when an email of acceptance of your offer is received from The Company. The agreement is governed by these Terms and will continue to be in force until the end of the Program.
2. TERMS OF ENGAGEMENT
1. The agreement between the parties will commence on the date of acceptance and will continue to be in force until the end of the coaching package period, which is specified in each Program, unless terminated earlier by either party.
2. Each Program must be completed within the specified timeframe.
1. Each coaching session will last for 30 minutes, unless otherwise specified in the Program.
2. All questionnaires should be submitted no later than 48 hours before the commencement of each program. In case of technical difficulty with the website, questionnaires should be sent via email to: email@example.com
3. In the event that Sessions are held at third party venues, the venue’s rules and policies should be adhered to at all times.
4. Personal belongings are the responsibility of each individual and neither the Company nor the Venue can be held liable for any loss, damage or theft.
5. REFUND POLICY:
The Coaching fees, which are specified for each program, are paid in full upon execution of this agreement and are non-refundable.
6. RESCHEDULING POLICY:
To rearrange a private session, a notice of at least 2 working days is required, otherwise the session will be forfeited. Group coaching sessions cannot be re-scheduled unless agreed in advance by all participants. The Company reserves the right to re-schedule a Private or Group Coaching Session if necessary.
7. A maximum of 2 Sessions can be re-scheduled during a 3 month Program and 3 Sessions during a 6 month Program.
1. In consideration for the Services provided, the fees outlined in each Program are payable in advance and are non-refundable.
2. In the event that contact between sessions requires more than a ten minute email response, the Company reserves the right to:
1. Advise you to arrange an additional Session at an hourly rate of $150 or
2. Inform you of the time required to respond in writing and the fee payable for such a response.
Prior approval will be obtained from the Client in both cases.
3. Clients are responsible for all travel, accommodation and other expenses connected to their participation in the Sessions.
4. Refunds: Once the Contract has been signed, the Client is immediately responsible for the full settlement of the Program fees which cannot be refunded if the contract is terminated by the client.
5. THE COACHING PROGRAMS
1. The Scope of the Programs: the aim of the Company is to actively contribute to the achievement of your goals within your selected Program. Although the Company cannot guarantee specific results, it can assure you of its commitment to offering individual advice and support.
2. You must be aged 18 or over to participate in any Program.
3. All of our Programs are subject to availability, are offered for the purposes of guidance and assistance, and are given at our discretion. The Company reserves the right to refuse access to the Program.
6. DUTIES OF THE COACH
1. The Company shall provide the Services outlined in each Program with due care and responsibility.
2. The Company shall respond to emails requiring a short response within 48 hours. Questions requiring a more detailed response will be answered within 72 hours.
3. Coaching may involve discussing all areas of your life. The Company will treat all information provided with sensitivity and in the strictest confidence.
4. The Company does not provide medical counseling or any type of psychotherapy, psychoanalysis, mental health care or medical treatment.
5. If for any reason your Coach is unable to provide the Services at the agreed time, the Company reserves the right to re-schedule the session for a mutually agreed time.
7. COMMITMENTS OF THE COACH
1. The Company will provide the Services with reasonable care, skill and ability. Due to the nature of coaching, the Company cannot guarantee any particular results. Best results will be achieved by those who actively participate in the sessions and implement the suggestions provided within the Program.
8. CLIENT COMMITMENTS
1. A questionnaire should be completed prior to the first Session. For better results and an enhanced coaching experience, you are expected to provide complete and factual answers to the questions.
2. It is essential to be on time for coaching Sessions. All Sessions need to finish on time and any time lost cannot be made up. In the case of Private Online Sessions, failure to connect 15 minutes after the specified time, will result in the cancellation and forfeiture of the coaching Session.
3. To ensure maximum results, all electronic devices should be switched off and distractions kept to a minimum during the coaching Session.
4. By entering into this agreement, you confirm that you have consulted your healthcare provider about the suitability of your selected Program. Details of any changes to your medical health or personal circumstances should immediately be disclosed to the Company in writing.
5. During Group Sessions, it is essential to maintain a polite, respectful and non-offensive attitude towards other participants. Inappropriate behaviour will not be tolerated and may result in the termination of a Client’s participation in the Program. In such cases, the Program fees are non-refundable.
6. It is prohibited to post material or comments online that are likely or intended to be or are in breach of any person’s rights, defamatory, obscene, sexually explicit, discriminatory, violent, threatening, promoting illegal activity, or are likely or intended to deceive any person, or harass or cause anxiety to any person, or likely to bring the Company into disrepute.
7. It is the Client’s responsibility to ensure that login details for access to the Program are not disclosed to any third party.
8. The client shall not promote or sell products or services to other participants in the Program or during any part of the Program without the Company’s prior written consent.
9. CONFIDENTIALITY, INTELLECTUAL PROPERTY, DATA PROTECTION AND INFORMATION
1. “Confidential information” means information in whatever form relating to the Client’s life which is obtained by the Company in connection with the provision of Services. It excludes information that the Clients (1) allow the Company to publish, (2) publish themselves, (3) that is required by law; or (4) which the Company reasonably considers to be necessary or advisable to prevent illegal acts or acts which will harm the Client or others.
2. The Company is the owner of Panos Platritis and the licensee of all intellectual property rights relating to any written material, handouts, documents and methodologies used during the Program. The Client may in no way copy, adapt, or disclose to any third party any information which is contained in the Program, unless prior written approval has been obtained from the Company.
3. Recordings: The Client may not make any audio or visual recordings of all or any part of Sessions without the Company’s prior written consent. The Company reserves the right to make occasional recordings (audio and/or visual and/or photographic) of Sessions. The Client authorises the Company to use their image and voice in such recordings without further consent. The Company may use such recordings for the purposes of promoting future Programs, events and products. Such recordings may be provided to the Client, free of charge, upon request.
4. The Client must not disclose or use, for any purpose whatsoever, any information obtained about any other participant during a Group Coaching Session, unless that participant has expressly authorised, in writing, the Client to do so.
5. NON DISPARAGEMENT: In the event of a dispute between the Client and the Company, both parties agree not to engage in any conduct or communications, public or private, designed to disparage the other.
6. All paragraphs contained in this clause shall remain in force after the termination of the Contract.
10. ONLINE SESSIONS
1. Where the Program involves online Sessions:
a. Online Sessions are held on third party secure servers and reasonable steps are taken by the Company to ensure that online content is available at all times during the Program. However, the Company shall not be held responsible if any content (provided by the Company, or added by the Client or by other participants) is not available or becomes corrupted in whole or in part at any time during the Program.
b. It is the Client’s responsibility to keep their user details and passwords confidential and secure at all times and not to disclose them to a third party. The Client should notify the Company immediately in case of unauthorised access to or use of their account.
1. The Company acknowledges that Confidential Information will be accessed in the course of providing the Services and agrees not to use or disclose any such information to any third party. This restriction does not apply to:
1. any use or disclosure authorised by the client or required by law;
2. any use or disclosure which might prevent illegal acts or harm to the client or to others; or
3. any information which is already public.
12. TERM AND TERMINATION
1. The Contract will continue to be in force until the end of the Program and then shall expire. This does not apply to specific Terms which are to remain in force even after the Termination of the Program.
2. The Contract may be terminated by either party:
a. Forthwith by written notice if the other party has committed a serious breach of contract which cannot be remedied within seven days;
b. In the case of a breach that is remediable within seven days, forthwith by written notice seven days after the issue of a written warning notifying the offending party of the breach of contract and requiring its remedy within seven days, and that breach having not been remedied by the offending party within that time.
3. Termination of Contract shall not prejudice obligations accrued at the date of termination (including continuing obligations under clauses of these Terms expressed to survive termination).
The relationship between the Company and the Client shall be that of independent contractor and nothing in this agreement shall render the Company the Client’s employee, worker, agent or partner.
1. The Company shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss or corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses incurred by the Client as a result of entering into this agreement and the Company providing the Services.
2. The Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by the Client for the Program.
3. If the Company is prevented from or delayed in performing its obligations as a result of the Client’s act or omission or any circumstance beyond the Company’s control, the Company shall not be liable for any costs, charges, losses sustained or incurred by the Client that arise directly or indirectly from such prevention or delay.
15. FORCE MAJEURE
I shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond my reasonable control.
This agreement may be executed in any number of counterparts, each of which, when executed, shall be an original, and all the counterparts together shall constitute one and the same instrument.
17. GOVERNING LAW & JURISDICTION
1. This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Cyprus law.
2. The parties irrevocably agree that the courts of Cyprus shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
18. LIABILITY AND LIMITATION
1. These Terms shall not be interpreted as excluding or restricting any legal liability for death or personal injury resulting from the negligence of the Company or its employees, agents or sub-contractors, or for any other matter for which liability cannot be legally excluded or limited.
2. Any personal liability of any of the Company’s directors, partners, employees, agents or sub-contractors arising in any way out of the performance or non-performance of Services or relating to the supply of products is hereby expressly excluded.
3. The Company shall have no liability for any special, indirect, consequential or pure economic losses, costs, damages, charges or expenses suffered or incurred by the Client, however caused, including, but not limited to, loss of anticipated profits, goodwill, reputation, business receipts or contracts, loss or corruption of data, or losses or expenses resulting from third party claims.
4. The Company’s aggregate liability to the Client, whether for negligence, breach of contract, misrepresentation or otherwise, arising in connection with the performance or contemplated performance of the Contract shall under no circumstances exceed the fees paid by the Client for the provision of the services which give rise to such liability in respect of any occurrence or series of occurrences.
5. If the Company is prevented from or delayed in performing its obligations as a result of the Client’s act or omission or due to any circumstance outside the Company’s control, the Company shall not be liable to the Client for any costs, charges or losses sustained or incurred by the Client that arise directly or indirectly from such prevention or delay.
6. The Client is responsible for any belongings taken to or used during a Session and the Company shall not be liable for any loss, damage, theft or destruction of any such belongings.
7. The Client agrees to reimburse and indemnify the Company against any claim from any third party and associated costs and expenses, including professional fees, arising out of the Client’s actions or inactions while at a third party venue.
8. The Client shall indemnify the Company against all claims, damages, losses, costs or expenses, including professional fees, for any liability arising from any unauthorised use of the Client’s online account with the Company.
19. DISPUTES, RIGHTS AND LAW
1. The Client shall express any dissatisfaction with the Program or Session to the Company without any delay in order to resolve any problems which may arise.
2. Dispute process, jurisdiction and law, non-disparagement: In case of a dispute between the Company and the Client, the parties shall first seek to resolve the dispute amicably, without recourse to law. Failing that, it is agreed and accepted by both parties that any disputes will be resolved by the Cyprus courts and construed under Cyprus law. The parties agree that they neither will engage in any conduct or communications, public or private, designed or intended or likely to disparage the other.
20. OTHER PROVISIONS
1. No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of the Client and the Company.
2. In case that the Company does not enforce, or delays enforcing, any provision of these Terms or any provision of the Contract to which they apply, shall not be seen as a waiver of that provision, and it will not affect or limit the Company’s ability to enforce that term or provision at any time or on any other occasion.
3. Entire agreement: The Client acknowledges and agrees that the Contract is the agreement between the Company and the Client relating to their participation in the Program and the rights and obligations resulting from that. In entering into the Contract, the Client has not relied upon any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the Program other than as expressly set out in the Contract.
4. All the preceding paragraphs of this entire clause, and this paragraph, shall survive termination of the Contract.