Your Program Agreement

Introduction

Hey it’s Candice and Curtesha, the LOA twins here, and we’re SO excited that you’ve committed to taking this next step in your business by investing in this Coaching Programme – we’re really looking forward to working with you!

To ensure our working relationship starts in the right way we’d like to provide you with some information so you can clearly understand what this Coaching Programme involves, how it will be delivered, what we expect from you, and lastly, what you can expect from us, and that’s what we hope to achieve within this Agreement.

This Agreement sets out the entire arrangement between us, and since we know reading legal documents is not the most fun, we’ve tried hard to make things as simple as possible.

We’ve avoided using complicated legal terms or jargon as much as we can since we have no desire to trick or confuse you, we simply want to ensure that we start out on the right foot with total clarity on what is expected as we start work together on achieving your goals!

1. The Agreement

• The Terms and Conditions set out below (“the Terms”) apply to the delivery of the Destiny Reading programme (“the Programme”) which we, the LOA Twins, (“We”, “Us”), agree to provide to you, the purchaser of the Programme, as defined below, (“You”, “Your”) in exchange for payment of the Fee (as defined below).

• When you sign this Agreement you are agreeing to abide by all of the Terms, which also includes our privacy notice which can be found at www.loatwins.com.

• Your Agreement shall begin when signed and will continue for a period of 2 months or until the last Session is delivered, whichever is earlier, unless the Agreement is terminated earlier in accordance with these Terms or we agree in writing to extend.

2. The Coaching Process

• As your coaches, our intention is to support you in reaching your desired goals. In order to do so we will begin by focusing on identifying and discussing your desires and goals before moving forward to create a strategy and plan that will support you in reaching those goals. You will get the maximum benefit from the coaching process if you commit to engaging fully with the process and providing your full attention, time, focus and energy to our coaching sessions and to completing any tasks or actions we suggest you undertake between coaching sessions.

3. The Programme

• As part of the Programme we agree to deliver the following services (“the Services”):

• 1 x private one-to-one coaching sessions lasting a minimum of 30 minutes each to be delivered by Zoom or other online meeting facility (“the Sessions”);

Any additional contact or support you request that is not included in the Services above will require separate terms and conditions and separate fees will apply.

• When we deliver the Programme, we agree to deliver it with reasonable skill and care and we may engage the services of our employees, contractors and such other third-party providers as may be necessary.

• Any materials, resources or information that we provide to you as part of this Programme are for general information purposes only and do not constitute legal, financial or medical advice.

• We reserve the right to make amendments, revisions or changes to the Programme or cancel, amend, change or reschedule any part of the Programme as we reasonably require. We shall not be liable to you for any changes or cancellations that are made.

4. Your Coaching Sessions

• You shall be responsible for scheduling your Sessions via acuity or such other method as we may agree in writing, and for attending the scheduled Session at the agreed time and during such Sessions to participate fully and communicate openly and honestly.

• All Sessions should be scheduled to take place before this Agreement ends as set out in clause 1.3 above, otherwise once the Agreement ends you will forfeit the right to any outstanding Sessions.

• Should you be unable to attend a scheduled Session then it will be your responsibility to cancel your Session via admin@loatwins.com. You will be able to cancel and reschedule your Session up to 48 hours before the scheduled Session start time. If you fail to cancel your Session within this time frame then you shall forfeit the right to that Session or be billed for non-attendance.

• Any cancelled Sessions must be rescheduled and take place within 14 days from the date of the cancelled Session.

• We respect your time and would ask that you respect ours too. Accordingly, if we are waiting for you to join a scheduled Session for more than 10 minutes from the scheduled start time, we reserve the right to treat this as a no show and you shall forfeit your right to that Session or be billed for non-attendance.

• If we have to cancel a Session then we shall use our best endeavours to provide you with as much notice as possible.

• Where sessions take place at a third-party venue, you agree to conduct yourself in a responsible manner at all times while at the third-party venue. You further accept that you shall be responsible for your belongings during your time at the third part venue.

5. What we expect from you when we work together

• When you enter this Agreement, you are confirming 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, correct, up to date and accurate.

• You accept that as part of your participation in the Programme 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 and 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 any plans or strategy, or for any results whether direct or indirect arising out of your access to or use of the Programme.

• You understand and accept that engagement in the Programme is not a substitute for counselling or other therapy services. In the event that you are currently undergoing medical or other professional help concerning your mental health then you should inform your practitioner of the existence of this Agreement and the extent of the Services being provided and inform us if appropriate and relevant.

• During your use of 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 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 use of the Programme and Services and we reserve the right to terminate your access to the Programme where we have concerns as to your suitability to safely use it.

• Should you have any concerns whatsoever in relation to our delivery of this Programme then you agree to provide us with details by email as soon as possible. We agree to use our reasonable efforts to work with you to resolve any concerns you may have.

6. Payment terms

• In consideration of us delivering the Programme to you, you agree to pay the fee for the Programme which is £99 (“the Fee”).

• Payment of the Fee shall be made via Paypal, Stripe or such other method as we may confirm to you in writing.

• Where we issue you with an invoice, the Fee must be paid within 48 hours from the date of our invoice.

• If you choose to pay by credit or debit card, 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.

• 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:

• 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 Programme on your part; and

• the Fee is payable in full and non-refundable.

• Time for payment of the Fee, or any instalment of the Fee, 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.

• In the event that you are invited to attend in person meetings, events, retreats or similar then you shall be responsible for arranging and funding their own travel and accommodation in order to participate in such activities.

7. Late Payment

• You shall be responsible for payment of the Fee, or any instalment of the Fee, in full and on time.

• Without prejudice to any other right or remedy that we may be entitled to, where your account is beyond 7 days overdue then:

• we shall be entitled to withhold delivery of the Programme until payment has been made in respect of the outstanding amount; and

• 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

• a fixed administration fee of £25.

• In the event your account is beyond 30 days overdue then we shall be entitled to cancel the Agreement and to instruct a collection agent or lawyer to seek recovery of the Fee along with interest and any accrued costs incurred.

8. Purchasing as a Consumer

• Our Programmes are intended to be used for business purposes and on that basis we expect that most purchases will be made for business reasons. However, we acknowledge that in some cases our Programmes may be purchased for reasons not connected to a trade, business, craft or profession and in such cases additional rights will apply.

• If you purchase any of our Programmes as a consumer then you will be entitled to a 14-day cooling off period which begins from the date of our Welcome email.

• If you wish to cancel your order within the cooling off period then you will be entitled to do so by providing us with notice in writing to admin@loatwins.com or by using the cancellation form attached to our General Terms of Service which can be found on our Website.

• Upon receipt of your notice of cancellation then, so long as no Services have been provided to you, we shall cancel your order and access to the Programme and provide you with a full refund of any Fee you have paid to us.

• Where you provide a notice of cancellation and we have already started delivery of the Services to you then you acknowledge that you will be responsible for any reasonable costs we have incurred in providing those Services and such costs will be deducted from any refund due to you, or, where payment of the Fee remains outstanding, you will be responsible for payment of them.

• Please note that in relation to some Programmes you will have the opportunity to receive immediate access to some of the Services provided as part of the Programme, or access before the 14-day period cooling off period referred to above has expired. Where you choose to access the Services immediately, or before the 14-day cooling off period has expired, you acknowledge that you will lose your right to cancel your order in accordance with this clause. This does not affect any other rights you may have as a Consumer.

9. Refund Policy

• No refund policy shall apply to your purchase of the Programme.

• For consumer purchases only, refunds will only be offered where notice of cancellation is provided within 14 days following receipt of our Welcome email. Once the 14-day period has passed, no refunds shall be provided. You accept that you will waive your right to any refund where the Services are provided immediately or you choose to access them before the 14-day cooling off period has expired.

• In light of our refund policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted by us. If you have any concerns with the Programme then you agree to notify us. If you choose to pursue a chargeback claim without first contacting us then you accept that such action shall constitute a breach of this Agreement and you shall indemnify us for the repayment of any charges, costs or fees imposed on us, along with our reasonable costs for dealing with the matter calculated at a rate of £100 per hour.

10. Complaints or Concerns

• 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 admin@loatwins.com 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.

11. No Guarantee

• You agree and understand that your participation in the Programme does not guarantee results or success. As part of the Programme you will have access to information, resources, 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 skills or tools shared.

• 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. Each individual’s success depends on many factors, including his or her background, dedication, desire, and motivation. 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 Services provided.

12. Cancellation and Termination

• Should you wish to cancel this Agreement before the date set out in Clause 1.3, you can do so by providing us with 14 days’ notice. Please remember that no refunds apply and you will still be liable for full payment of the Fee despite any notice of cancellation.

• We shall be entitled to terminate this Agreement, with immediate effect, where we consider that in our reasonable opinion, any content that you have provided to us violates or goes against our ethical or moral views, is offensive, or is intended to cause offence to us or others in the wider community. Our decision to terminate in these circumstances shall be at our sole discretion and any refund will be calculated on a pro-rata basis based upon the extent of Services already delivered.

• We will be entitled to terminate this Agreement, or limit or suspend your access to the Programme, with immediate effect, and without refund of any Fee if we reasonably determine that:

• you have committed a material breach of any of your obligations under this Agreement; or

• you have failed to provide payment of any sum as and when it becomes due; or

• you have become subject to a bankruptcy or you and/or your business has become subject to a similar financial order or proceedings; or

• you have acted or behaved dishonestly, fraudulently, or in a way which we reasonably consider may have a detrimental effect on our business or reputation; or

• you have failed to positively engage with the Programme or impaired the delivery of the Programme; or

• acted in a way which is abusive or is intended to cause offence to us; and/or

• failed to abide by any term of this Agreement or any other guidance we may provide whether such action constitutes a material breach or not.

• Upon termination of this Agreement for any reason:

• your access to the Programme, any private social media accounts or groups, and any other resources, will be removed, unless expressly agreed otherwise. We will not be liable to you for any claims relating to the removal of that access;

• any Fee or other monies owing to us shall become immediately due and payable;

• any term of this Agreement which either expressly or by its nature relates to the period of time after termination and/or the Programme has been delivered, shall remain in full force and effect;

• you shall cease to use either directly or indirectly any Content or Confidential Information, as defined below, and shall immediately return to us or destroy any documents in your possession or control which contain any of our Content or Confidential information.

• The provisions of this clause shall survive termination.

13. Events outside of our control

• 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 or delivery 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, lock down, 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, the expiry of any transition or implementation period agreed with the European Union during which European Union law is applicable to and in the United Kingdom, 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 access to the Programme, and under no circumstances will we be liable for any loss or damage suffered by you as a result thereof.

• Where an Event arises, we will email you to inform you of the nature and extent of the Event and any steps we are taking to mitigate its impact and effect. Where the Event continues 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.

14. Confidentiality

• For the purposes of this Agreement, Confidential Information shall mean ideas, know-how, business practices, customer/client details, personal data, materials, therapeutic and coaching tools, business models, 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 (“Confidential Information”). It 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.

• Confidentiality is really important to us and we agree that if you disclose Confidential Information to us, we will not communicate or disclose it, make it available to others, or use it for our own purposes without your consent or as provided for in this Agreement.

• We also ask that you respect our confidentiality and where we disclose Confidential Information to you, you agree that such Confidential Information belongs solely and exclusively to us, and that you will not:

• disclose, communicate, reproduce or distribute it, or use it for your own benefit, whether personally or commercially, and whether directly or indirectly;

• 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.

• Our obligations under this clause and clauses 15 and 16 below, 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.

• The provisions of this clause shall survive termination.

15. Intellectual Property

• For the purposes of this Agreement, Intellectual Property shall mean 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.

• As part of the delivery of the Programme we shall grant to you a personal, limited, non-transferable, non-exclusive, revocable licence to access and use any information, materials and resources (“Content”)provided as part of the Programme solely for your private and personal use. Your licence becomes valid upon payment of the Fee and any other monies owing to us and will terminate automatically when this Agreement terminates, unless we agree otherwise in writing.

• We agree to you using our Content in connection with your participation in the Programme but it should not be copied, modified, reproduced, shared, 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 our Content or any intellectual property rights we hold, unless expressly set out in this Agreement or where we have provided our prior written consent.

• Where any of the Content provided by us contains intellectual property belonging to a third party, the use of that Content will be governed by that third party’s terms and it shall be your responsibility to seek consent to use that material. We will not be liable to you in respect of your use or attempted use of Content which contains intellectual property belonging to a Third Party.

• No recording of any Sessions or any live webinars or video resources that are shared by us as part of the Programme is permitted, without our express consent.

• In the event you are found to be in breach of any of your obligations relating to our intellectual property:

• you shall immediately cease and desist the use of our intellectual property upon receipt of such notice from us; and

• you agree and accept that damages, loss, or irreparable harm may arise 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

• you shall indemnify and keep us fully indemnified for all such damages and losses sustained as a consequence of your breach of this clause.

• The provisions above shall continue in force notwithstanding termination.

16. Your Personal Data and how we use it

• Personal data for the purposes of this Agreement means any information which is capable of identifying another individual, as further defined within the General Data Protection Regulation 2016/679 (“GDPR”).

• We want to assure you that 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 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 loatwins.com

• We are grateful to receive testimonials, comments, reviews, images or similar information (“Reviews”). As part of this Agreement you agree to provide your consent for us to exhibit, copy, publish, distribute, use on or in any of our website pages, landing pages, other social media sites or platforms, advertising, marketing campaigns or email communications any of your Reviews as we reasonably require to lawfully promote our business. You can withdraw your consent at any time by emailing us.

• The provisions of this clause shall survive termination.

17. Non-solicitation and non-competition

• You agree that during the Programme and for a period of 12 months afterwards, you will not canvass, promote or advertise your products or services to any of our employees, clients or contractors or use your participation within the Programme to canvass, promote or advertise your products or services without our express consent, such consent not to be unreasonably withheld.

• You agree that during the Programme and for a period of 12 months afterwards, that you shall not solicit any of our clients or prospective clients without our express consent, such consent not to be unreasonably withheld.

• You agree that for the duration of the Programme and for a period of 12 months afterwards, that you will not 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 period of the Programme without our express consent in writing, such consent not to be unreasonably withheld.

18. Liability

• You accept and acknowledge that entering into this Agreement does not establish any form of legal business relationship and that we are only liable to you in respect of the Services provided and to the extent as set out herein.

• We shall not be liable to you for any indirect, consequential or special damages.

• In the event you incur damages as a result of our default or violation of any of the terms of this Agreement, then our entire liability under this Agreement is limited to the Fee amount paid by you to us as at the time the loss is sustained. You agree and acknowledge that this clause 18.3 is fair and reasonable given the nature of this Agreement and the provision of the Services.

• Throughout the duration of 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 company, agents, employees, contractors, or clients, or its or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or clients.

• Should a dispute arise between us in connection with this Agreement which we are unable to resolve amicably then we both agree to refer the matter to an independent mediator for resolution. In the event an agreement can still not be reached 30 days after mediation, then legal action can be commenced.

• Neither one of us shall be liable to the other or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure is due to any cause beyond that party’s reasonable control.

• You agree to indemnify us against any costs, liability, damages, loss, expenses, claims that we incur as a result of your default or violation of any term of this Agreement.

• The Parties agree that they have adequate Insurance cover to meet any liabilities that may arise in connection with this Agreement.

19. Who we are

• This Programme shall be delivered by the LOA Twins Limited. Our business address is Smart Accountants Ltd, 406A Birmingham Road, Wlyde Green, B72 1YJ and our business registration number is 11346362

• Should you wish to contact us then you can email us at admin@loatwins.com

20. Notice

• Any reference in this Agreement to the provision of a notice shall mean notice in writing sent by email to the email address included in this Agreement. All emails will be taken as delivered 48 hours from valid transmission.

• All notices to be sent to us should be sent to admin@loatwins.com

• If you change your contact email address it will be your responsibility to notify us so that we can update your records.

21. General

• The failure of either one of us to actively enforce any provision of this Agreement shall not constitute a waiver, diminution or limitation of any right (including any enforcement rights).

• 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.

• This Agreement represents the entire agreement between us and supersedes all other negotiations, drafts, correspondence and discussions prior to the date this Agreement is signed.

• Save as provided for in clause 18.4 the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.

• You agree that no other representations have been made by us to induce you into purchasing the Programme and no modification to this Agreement shall be effective unless in writing and signed by us both.

22. Applicable Law

• This Agreement is formed in the United Kingdom, which is our principal place of business, and this Agreement and the rights of us both shall be governed by the laws of England and Wales.

I confirm that my signature indicates my full understanding and agreement with the information outlined above.

SIGNED BY THE CLIENT

I hereby agree to the terms and conditions of this contract.

Signature:

Billing Address:

Please email me a copy to:

Signed on:

SIGNED BY THE LOA TWINS LIMITED

^{Loa Twins x}

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