Listed below is a jargon-free, easy-to-understand agreement to ensure that we start out on the right foot with clear expectations from each other so that you can focus on getting the maximum benefit from your event experience.
This Agreement sets out the entire arrangement between us, and since I get that reading legal documents is not always easy or fun, we’ve tried hard to make things as simple as possible. Should you have any questions about the agreement, please reach out to us at [email protected]
TERMS
These terms and conditions (‘Terms’) govern the provision of events provided by Home Awakening Ltd. By purchasing and/or attending events and services from Home Awakening Ltd, it is deemed that you accept the following terms and conditions and as a condition of participating in the event, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
This contract sets out:
- Your legal rights and responsibilities;
- Our legal rights and responsibilities; and
- Certain key information as required by law.
In this contract:
- ‘Company’, “Coach’, ‘we’, ‘us’ or ‘our’ means Home Awakening Ltd; and
- ‘You’ or ‘your’ means the person, business or company using our site to buy products from us.
- ‘Event’ is an experience designed to provide individuals, business owners/ entrepreneurs with the environment and opportunity to undertake mindful, physical, connection and strategic sessions with like-minded individuals.
- ‘Event Venue’ refers to the location where daytime activities and coaching will be conducted.
Who are we?
We are a limited company with its registered office at 15 Victoria Mews, Mill Field Road, Cottingley Business Park, Bingley, England, BD16 1PY.
- Event
- It is your sole responsibility to ensure any required travel documentation including passport is current.
- It is your sole responsibility to book and secure your travel to and from the event.
- It is your sole responsibility to purchase travel insurance – this is HIGHLY recommended in case of an emergency whereby you will need to cancel the trip, e.g. severe weather emergency where the event will need to be cancelled.
- It is your sole responsibility to bring any spending money.
- You acknowledge that are at least 18 years or older
- The Company is not liable or responsible for anything at the Event enue, such as services, or restaurants for example, as this is the responsibility of the respective organisations
- The company agrees to provide an Event for the purposes of personal development & self-leadership
- During the course of the Event, you may discuss, review or make decisions concerning your business, personal or home life; you accept that any and all subsequent decisions or actions are your sole responsibility and we are not liable for the implementation or lack of any course of action you may come to directly or indirectly from attending the Event or inferred by any marketing or promotional material.
- The Client agrees to abide by all policies and procedures outlined in this agreement as a condition of their participation in the Event.
- DISCLAIMER
- The Client understands the Company is not an agent, publicist, accountant, financial planner, lawyer, therapist, or any other licensed or registered professional
- Coaching, which is not directive advice, counselling, or therapy, may address overall goals, specific projects, or general conditions in the Client’s life or profession.
- Coaching services may include setting priorities, establishing goals, identifying resources, brainstorming, creating action plans, strategizing, asking clarifying questions, and providing models, examples, and in-the-moment skills training.
- The company promises that all information provided by the Client will be kept strictly confidential, as permissible by law.
- The Client understands the Coach is not an employee, agent, lawyer, doctor, registered dietician, psychotherapist, nutritionist, psychologist, or other licensed or registered professional
- The Coach will not act as a therapist providing psychoanalysis, psychological counselling or behavioural therapy.
- The Client understands this Event will not prescribe or assess micro-and macronutrient levels; provide health care, medical or nutrition therapy services; or diagnose, treat or cure any disease, condition or any other physical or mental ailment of the human body.
- The client understands if they should experience any such issues they should see their registered physician or other practitioners as determined by their own judgment.
- If the Client is under the care of a health care professional or currently uses prescription medications, the Client should discuss any concerns with his or her doctor, and should not discontinue any prescription medications without first consulting his or her doctor.
- The client understands that the information in this Event is NOT medical or nursing advice and is not meant to take the place of seeing licensed health professionals
- The Client understands that by participating in any of the event activities they have made a self-assessment that they are physically and mentally fit enough to participate
- DEPOSIT
- Due to the nature of this event and the obligations to secure the Event Venue in advance, a non-refundable deposit may apply.
- In such cases the deposit is non-refundable on all purchases except where the Company are unable to or fail to deliver the Event due to our own failure or default.
- All purchases paid in full at the time of booking are by nature inclusive of this deposit.
- PAYMENT
- In advance of your attendance at the Event, you agree to the payment as stipulated on the website checkout page and detailed in the shopping cart.
- Other Services as described on our checkout page/website
- If payment plans have been selected at checkout The Client grants the Company the authority to charge the card(s) provided every 30 days until payment is complete. If payment is not received on the due date, the Company reserves the right to suspend the Client’s participation until payment is complete.
- If you elect for the payment plan, you hereby agree to pay the Company automatically through a payment gateway
- You must pay the initial payment immediately, and then your selected payment method will be automatically charged for the following payments on a monthly basis
- If all eligible payment methods are declined for payment of your monthly fee, you must provide a new eligible payment method promptly, or your place on the retreat may be removed
- In the event that no further payment is made, we shall immediately suspend your place and all access to the Event.
- You will remain responsible for all following payments unless you obtain a refund according to the Program’s Refund Policy set forth below.
- If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
- Any additional services which you choose to use will attract a separate additional fee and you will be individually responsible for payment.
- REFUNDS, AMENDMENTS AND CANCELLATION
- Refunds will NOT be considered due to lack of attendance, connection issues, or other technical or access issues unless they are directly attributable to us. Nor for any request that comes more than seven days following the date of purchase.
- After day 7, all payments are non-refundable, and you are responsible for full payment of the fees for the program regardless of whether you attend the Event.
- We reserve the right to cancel your booking by providing notice in writing if for any reason the Event Venue becomes unavailable or the Event is unable to go ahead on the scheduled date due to any reason outside of our control as set out in clause 23 (Force Majeure) or due to government advice, Covid-19 or other viruses, related rules, guidance, regulations or requirements. In such circumstances, we shall use our best endeavours to source alternative accommodation and/or arrange a suitable alternative date. Where this is not possible then we shall cancel the Event and you will be entitled to a refund of the Fee paid as at the date of cancellation. The company is not responsible for reimbursing travel costts, so it is advised that you obtain travel insurance for the Event.
- If we are caused to make changes to the Event venue, or the date of the Event due to any circumstances that are beyond our control and you are unable to attend the amended date or location then you shall be entitled to cancel your booking but no refund will be provided.
- TERMINATION
- We reserve the right, in its sole discretion, to terminate your attendance at the Event Venue and the related services or any portion thereof at any time, if you become disruptive to us or other Event participants if you fail to follow or otherwise violate this Agreement.
- In the event of termination, you shall not be entitled to a refund of any portion of the fees and any sums owing to us under the terms of this contract shall become immediately due and payable
- PHYSICAL AND MENTAL HEALTH REQUIREMENTS
- By signing up for the Event, you attest that you are in good physical and mental health to travel and participate in the Event. You are advised to consult with a physician to ensure you are in adequate health. The Company also strongly recommends and advises you secure travel insurance.
- RELEASE OF LIABILITY / ASSUMPTION OF RISK
- You agree to the following:
- Event activities, for example, YOGA, BREATHWORK, HIKING, COLD WATER IMMERSION, OPEN WATER / POOL SWIMMING have risks of injury, including serious injury. You understand the nature of the activity and acknowledge that you are qualified, in good health, and in proper physical condition to participate in such activity. You further agree and warrant that if at any time, you believe the conditions to be unsafe, you will immediately discontinue further participation in the activity.
- You will notify the Company if you suffer from any medical or health condition that may cause injury to yourself or others or may require emergency care during your participation.
- YOU KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS and dangers, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES (as defined below) or others and assume full responsibility for your participation. You acknowledge that these risks and dangers may be caused by your own actions or inactions, the actions or inactions of others participating in the Event, the conditions in which the Event takes place, or the negligence of the Company.
- YOU FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES you incur as a result of your participation in the Event.
- YOU HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Company, its sponsors, employees, staff, volunteers, other participants, owners and lessees of the premises on which the Activity is conducted (“Releasees”) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON YOUR ACCOUNT CAUSED, OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; and you further agree that if, despite this Agreement, you, or anyone on your behalf makes a claim against any of the Releasees, you WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may be incurred as the result of such claim.
- You agree to the following:
- MEDIA RELEASE
- The Company reserves the right to use photos or videos from the Event for promotional purposes. By signing up for the Event, you agree to allow your image to be used for this purpose.
- If you do not want your image or voice to be used, please notify the Company, by emailing [email protected], before the Event commences.
- Any photography taken by us, you or another must be taken respectfully and must not be taken in any vulnerable moments. Photos that are shared on social platforms must be done so mindfully and with care.
- NO TRANSFER OF INTELLECTUAL PROPERTY
- All content included as part of the Event, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Event, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
- The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans in the Event are the trademarks of their respective owners.
- Your participation in the Event does not result in a transfer of any intellectual property to you, and, as a condition of participation in the Program, you agree to observe and abide by all copyright and other intellectual property protection.
- Furthermore, you agree to grant us an irrevocable licence to use any work produced by us on your behalf including, but not limited to; messaging, brand strategy and creative work.
- CONFIDENTIALITY
- This Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party during discussions, or otherwise, throughout the Term of this Event (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information.
- The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of this Agreement.
- COMPELLED DISCLOSURE OF CONFIDENTIAL INFORMATION
- Notwithstanding anything in the foregoing, in the event that Client is required by law to disclose any of the Confidential Information, Client will
- Provide the Company with prompt notice of such requirement prior to the disclosure, and
- Give the Company all available information and assistance to enable the Company to take the measures appropriate to protect the Confidential Information from disclosure.
- Notwithstanding anything in the foregoing, in the event that Client is required by law to disclose any of the Confidential Information, Client will
- NON-DISCLOSURE OF COMPANY MATERIALS
- Any materials given to the Client during the Client’s work with the Company are proprietary, copyrighted and developed specifically for the Company. The Client agrees that such proprietary material is solely for the Client’s own personal use. Any disclosure to a third party is strictly prohibited.
- The Company’s program is copyrighted and the original materials that have been provided to the Client are for the Client’s individual use only and are granted as a single-user license.
- The Client is not authorized to use any of the Company’s intellectual property for the Client’s business purposes. All intellectual property, including Company’s copyrighted program and/ or course materials, shall remain the sole property of the Company. No license to sell or distribute Company’s materials is granted or implied.
- Further, by signing below, the Client agrees that if the Client violates, or displays any likelihood of violating, any of the Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.
- NON-DISPARAGEMENT
- The Client shall not make any false, disparaging, or derogatory statement publicly or privately regarding Company, its employees, or agents. Company shall not make any false, disparaging, or derogatory statements in public or private regarding Client and its relationship with Company.
- INDEMNIFICATION
- The Client agrees to indemnify and hold harmless Company, its affiliates, and its respective officers, directors, agents, employees, and other independent contractors from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of, or relating to, Client’s participation or action(s) under this Agreement.
- The Client agrees to defend against any and all claims, demands, causes of action, lawsuits, and/or judgments arising out of, or relating to, the Client’s participation under this Agreement, unless expressly stated otherwise by Company, in writing.
- DISPUTE RESOLUTION
- The Company wants the Client you to be entirely happy with your Event experience. In the event you do have any complaints or concerns about any aspect of the Event in any way then we ask you to notify us in person, or by email, as soon as possible and allow us reasonable time to investigate and seek to resolve your concerns before you take any further action. For the purposes of this clause further action includes stopping payment or making any chargeback or similar claims.
- In the event the Client and the Company cannot resolve a dispute using the Company's internal complaint handling procedure, and either party wishes to take court proceedings, the relevant courts of England and Wales will have exclusive jurisdiction in relation to this contract.
- GOVERNING LAW
- These Terms and any dispute or claim arising out of them (including non-contractual disputes or claims) shall be governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any unresolved dispute or claim.
- ENTIRE AGREEMENT; AMENDMENT; HEADINGS
- This Agreement constitutes the entire agreement between the Parties with respect to its relationship and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof.
- Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement.
- No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth in a writing, specifying such waiver, consent, or amendment, signed by both parties.
- The headings of Sections in this Agreement are provided for convenience only and shall not affect its construction or interpretation.
- COUNTERPARTS
- This Agreement may be executed in one or more counterparts (including electronic mail via portable document format), each of which shall be deemed an original but all of which together will constitute the same instrument.
- SEVERABILITY
- Should any provision of this Agreement be or become invalid, illegal, or unenforceable under applicable law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect.
- WAIVER
- The waiver or failure of the Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder.
- ASSIGNMENT
- This Agreement may not be assigned by either party without express written consent of the other Party.
- FORCE MAJEURE
- In the event that any cause beyond the reasonable control of either party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, Government foreign travel advice, labour strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either party to perform its obligations under this Agreement, the affected party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence. The Company shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of either party, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riots, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), curtailment or interruption of transportation facilities or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.
- In the case of any change, modification, cancellation, postponement or delay due to any unforeseeable events, you acknowledge that you will have no right of refund as the Company will do its best to transfer the funds to a new date.
- CLIENT RESPONSIBILITY; NO GUARANTEES.
- The Client accepts and agrees that the Client is 100% responsible for its progress and results from the Events.
- The Company will help and guide the Client; however, participation is the one vital element to the Events success that relies solely on the Client.
- Your level of success in attaining desired results depends on the time you devote to the Event, including any ideas and techniques mentioned, your finances, knowledge and various skills. The Company makes no representations, warranties or guarantees verbally or in writing regarding the Client’s performance.
- The Client understands that because of the nature of the Event and extent, the results experienced by each client may significantly vary.
- The Client acknowledges that there is an inherent risk of loss of capital and there is no guarantee that the Client will reach its goals as a result of participation in the Event and the Company’s comments about the outcome are expressions of opinion only.
- The Company makes no guarantee other than that the services offered in this Event shall be provided to the Client under the terms of this Agreement.
© Home Awakening Limited, trading as Jonathan O'Grady
Last Updated: Jan 2025
Contact Us
If you have any questions, concerns or complaints about this above, please email[email protected]