In these Conditions the following expressions shall have the following meanings:
"the Coach" means Lizi Jackson-Barrett
"the Client" means the person, firm or corporation with whom the Coach contracts for the provision of Services
"the Contract" means the contract for the provision of Services between the Coach and the Client incorporating these Conditions arising from the Coach's acceptance of the Client's Booking
"the Services" means any service provided or procured by the Coach to or for the Client.
"Booking" means a confirmed booking by the Client with the Coach for the Coach to provide Services to the Client
The singular includes the plural and the feminine includes the masculine and vice versa. Headings are for ease of reference and shall not affect the construction of these conditions.
2.1 Any quotation or estimate given by the Coach is an invitation to the Client to make a Booking for Services and thereby make an offer open to acceptance by the Coach. A binding contract shall come into effect upon the earliest of any of the following namely:
(a) any commencement of the Services; or
(b) receipt of the Coach's written acceptance of a booking by the Client; or
(c) receipt of payment by or on behalf of the Client by the Coach for Services to be provided to the Client.
2.2 These Conditions are the only conditions upon which the Coach provides Services and shall be incorporated in the Contract to the exclusion of all other terms and conditions.
2.3 It is the responsibility of the Client when providing details of her specific requirements for Services to indicate clearly her requirements.
3.1 The Client shall not be entitled to cancel a Booking (or any part of a Booking) and seek any refund of monies paid in advance in respect of a Booking which has been accepted by the Coach. The Coach is not bound to agree to any such cancellation notwithstanding any purported cancellation from the Client.
3.2 Cancellation and or rescheduling of a previously agreed Booking or any part thereof should be mutually agreed between the Client and the Coach at least 48 hours in advance.
3.3 It is the responsibility of the Client and the Coach to inform each other of any inability to attend scheduled Bookings and to resolve any issues relating to cancellations and rescheduling of Bookings.
4.1 If the Client fails to comply with her payment obligations the Coach may withhold or suspend the performance of the Services prior to performance.
4.2 If any sum due from the Client to the Coach under the Contract is not paid on or before the due date for payment all sums owing from the Client to the Coach shall immediately become due and payable.
4.3 The Client shall not be entitled to set off against sums due to the Coach under the Contract any amount claimed by the Client from the Coach whether under the Contract or some other contract between them or on any other account.
5.1 Nothing in this Agreement shall impose on the Coach any liability in respect of any representation, suggestion, opinion or comment with regard to the Services provided by the Coach. Any diet plan followed by the Client is at the choice of the Client and the Coach accepts no responsibility or liability for in respect of it. Weight loss by the Client is not guaranteed. The Coach's liability under the Contract shall be limited to the aggregate amount of fees received from the Client.
5.2 The Services and all information relating to them will be kept confidential by the Coach. If in the opinion of the Coach the Coach considers that the Client poses a risk to himself or to others the Coach reserves the right to pass on this opinion to other agencies which can provide assistance to the Client.