Shift To Thrive TERMS & CONDITIONS

In this agreement, I will refer to myself, my employees, and my company as “Company.” I will refer to you as “Client.”

Sincerely,

Toni Collis

1. Company’s Services (Coaching Program):
1.1. Client has purchased a 90 minute intensive 1:1 Coaching.
1.2. This service includes the following:

  • Pre-coaching Leadership Focus Prep Sheets
  • 1, 90-minute 1:1 video coaching session
  • Personal action plan
  • On week of support by email, Monday-Friday.
  • A 20-minute follow-up call

2. Company offers the following additional communication: Support by email for one week following the scheduled appointment.

3. Term:
3.1. This agreement, will begin upon acceptance, and will continue for 10 days after the scheduled appointment.

4. Client’s Participation:
4.1. Client agrees to participate in the following way: participation on the call as designed by joint agreement between Client and Company and completing homework activities as agreed jointly by Client and Company on the call.

5. Client Agrees to Pay:
5.1. Total amount £600.00 (paid in full in advance). Discounts may be offered at the discretion of the Company.
5.2. The method of payment is via the payment link (in Toni’s Acuity page) sent to you in an email.

6. Scheduling:
6.1. Client schedules their session in Acuity via the link sent by email.
6.2. Client must schedule the session at the time of making the payment.

7. Cancellation:
7.1. If the scheduled time does not work for Client, Client must either cancel or reschedule at least 24 hours prior to the scheduled time (although 48 hours notice is preferred).

8. Late Arrival and No Show:
8.1. If Client shows up more than 15 minutes late to the scheduled session will not go ahead.
8.2. If Client shows up late but by less than 15 minutes, the scheduled session will go ahead but will not continue past the scheduled finish time.
8.3. If Client does not reschedule within the required time frame, and does not show up at the scheduled time, Client will forfeit the service that was to be provided at that time and will not receive a refund for missing the appointment.

9. Refund/Multiple Payments:
9.1. Company does not offer refunds. Client agrees to pay the total amount due pursuant to Paragraph 5.

10. If Paragraph 5 calls for payment to be made in multiple payments, and Client becomes unsatisfied with the services or products after providing partial payment, Client agrees to pay the total fee agreed upon. If Client becomes unsatisfied with Company’s services or products, Client is still required to pay the total due in Paragraph 4.

11. Confidentiality:
11.1. Any information discussed or any information either party comes to know during Company and Client’s working relationship is confidential. This does not include information that either party was aware of prior to executing this Agreement, nor does it include information that was gained by a third party, or information that was available to the public through no breach of confidentiality by Company.

11.2. Confidential information may be shared if and only if waived by both parties in writing.

12. Intellectual Property:
12.1. Company reserves all ownership rights to any materials including but not limited to documents, images, audio, and video, provided to Client through Client’s participation in the Program covered in this Agreement. Company provides Client with a single-user license authorizing Client to use the materials for their individual purposes only. Client agrees to not share, copy, distribute, disseminate, or sell the materials for either commercial or non-commercial purposes. Client understands that claiming Company’s materials as their own is a violation of intellectual property rights.

13. Non-Disparagement
13.1. Both Parties agree to not take any actions, make any statements, whether oral or in writing, that negatively impact the other party’s business, services, products, or reputation.

14. Assignment:
14.1. This Agreement shall bind both Company and Client and their respective heirs, legal representatives, successors, and assigns. Client may not assign its rights under this Agreement without express written consent from Company.

15. No Guarantees; Disclaimer:
15.1. NO GUARANTEES: Company makes no guarantees about the results Client may obtain from working with Company. Client agrees that any statements made by Company regarding potential outcomes are opinions and are not binding on Company. Company may provide testimonials from previous clients, which are not to be relied upon to predict results in Client’s specific situation. The results Client experiences will be dependent on many factors including but not limited to Client’s level of personal responsibility, commitment, and abilities, in addition to those factors that Client and/or Company may not be able to anticipate.
15.2. NOT PROFESSIONAL MEDICAL OR MENTAL HEALTH ADVICE: At no time should any of Company’s services be considered a substitute for professional medical or mental health services, nor should the service be construed as professional therapy. Company’s services are not intended to treat, diagnose, cure, or prevent any disease. If at any time Client needs medical, and/or psychological treatment, it is Client’s responsibility to seek it out.
15.3. NOT LEGAL OR FINANCIAL ADVICE: At no time should any of Company’s services be considered a substitute for professional legal or financial advice. If at any time Client needs legal or financial services, it is Client’s responsibility to seek it out.
15.4. EARNINGS DISCLAIMER: Any information provided by Company regarding wealth, abundance, income, earnings, business profits or personal financial status is for informational purposes only. Company may provide real-life examples and/or hypothetical examples of possible outcomes, which are in no way guarantees of what will occur in Client’s specific situation. Financial outcomes depend on many factors including but not limited to Client’s level of personal responsibility, commitment, and abilities, in addition to those factors that Client and/or Company may not be able to anticipate. Client agrees that Company is not responsible for Client’s success, or lack thereof. Client’s reliance on any information provided by Company is done so at Client’s own risk.

16. Warranties:
16.1. Both Company and Client warrant that they have full authority to enter into this Agreement. Company warrants that its services will be provided by qualified people and in a competent manner in accordance with industry standards. Client warrants that it has any necessary permission, licenses, rights, and releases to lawfully execute its duties set forth in this Agreement. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, NEITHER PARTY MAKES ANY OTHER WARRANTIES EITHER EXPRESS OR IMPLIED.

17. Whole Agreement:
17.1. This Agreement constitutes the entire agreement between Client and Company. This Agreement supersedes and cancels all prior or contemporaneous oral agreements and written agreements including but not limited to conversations, messages, emails, and negotiations.

18. Modification; Waiver:
18.1. The terms of this Agreement cannot be modified, supplemented, or amended unless agreed to in writing by all parties. The waiver of a term in this Agreement shall not be considered a waiver of any other terms of this Agreement and shall not be considered a continuing waiver. In order to make the waiver binding, the party making the waiver must execute it in writing. The modification or waiver of one term of this Agreement does not affect any other term in the Agreement, regardless of its similarity.

19. Severability:
19.1. If any term in this Agreement is found to be void or voidable, the remaining terms of the Agreement are unaffected, and deemed to remain in full force and effect, including those terms that are similar.

20. Limited Liability:
20.1. THE AMOUNT OF LIABILITY RECOVERABLE FOR ANY CAUSE OF ACTION THAT ARISES UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID FOR SERVICES OUTLINED IN THIS AGREEMENT, REGARDLESS OF WHETHER THE CAUSE OF ACTION IS BASED IN TORT, CONTRACT OR ANY OTHER THEORY OF LIABILITY. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF USE, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, EVEN IF CLIENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

21. Notices:
21.1. All notices and communications required or permitted under this Agreement should be made to the Company at support@tonicollis.com and to the Client at the e-mail address provided during enrollment in the Program. Should the Client’s e-mail address or contact information change at any time throughout the course of the Program, it is the Client’s responsibility to provide new contact information within 72 hours of any such change

22. Dispute Resolution; Costs and Fees; Applicable Law/Venue:
22.1. Both Company and Client agree to make every effort to resolve disputes without the need for third party assistance. If that cannot be done, Company and Client agree to utilize mediation in order to resolve the dispute. The mediation will either be held in the Scottish Borders, Scotland, United Kingdom or through an online mediation service. Both parties must agree to the mediation service and mediator to assist in resolving the dispute. Both parties agree that their good faith participation in mediation is a condition precedent to pursuing any other available legal remedies.
22.2. Parties agree that this Agreement shall be governed by and construed in accordance with the laws of the United Kingdom. Parties agree that the venue for any court proceedings arising out of this Agreement shall be in the United Kingdom.
22.3. If Company is the successful party to the dispute resolution, Company will be entitled to costs and fees incurred in resolving or settling the dispute, in addition to any other relief to which Company may be entitled.

© Collis-Holmes Innovations Limited.

Last Updated: January 2, 2021.