Here’s what You need to know:
This is a contract between You and The Embodied Leadership Academy. Please read these terms carefully as they are a binding legal contract, and we suggest downloading a copy for Your records.
Background
A. The Embodied Leadership Academy is engaged in the business of teaching or coaching for individuals to optimise their physical and mental wellbeing.
B. The Embodied Leadership Academy is offering You the opportunity to participate in the programme designed to optimise human mindset and leadership skills.
C. You desire to engage The Embodied Leadership Academy to participate in and provide access to the Programme to You.
Agreed Terms
1. Membership and Programme Fees
1.1. Programme
In consideration of the payment set out below (Programme Fee), The Embodied Leadership Academy agrees to provide the Programme, the details of which are set out in Part 1 of the Schedule attached to (and which forms part of) this Agreement to You for the period set out in the Programme details.
Your access to the Programme is conditional on The Embodied Leadership Academy's receipt of the Programme Fee.
1.2. Term
This Agreement commences upon Your acceptance of this Agreement and payment of the Programme Fee and expires on the date as calculated in the Schedule
1.3. Programme Fee
(a) The Programme Fee set out in Part 2 the Schedule, or information relating to the Programme Fee shall have been separately provided to You.
Until payment of the Programme fee has been made, no access to the Programme shall be given to You and You shall not be entitled to participate in the Programme in any manner. Subject to clause 1.3 (b) You acknowledge and agree that the Programme Fee is not refundable for any reason.
(b) Provided You have not accessed the content provided to You under this agreement or have not attended a group question and answer session (whether in person or not), You have the right to cancel Your order hereunder provided that Your cancellation is received by Us by email to Connect@theembodiedleadershipacademy.com within 14 days of Your payment of the Programme Fee. We will reimburse You no later than 14 days from receiving Your notice of such cancellation. If You do not contact us before then and You are paying in instalments, Your card will be charged for the remaining instalments.
(c) Our secure payment processor is Stripe. You will receive a receipt for Your records shortly after purchase and Your credit card statement will say: The Embodied Leadership Academy (TELA)
(d) Within 24 hours You will receive a welcome email from us and a link. When You signed up You were asked to join the special Facebook group. This email will have all this link.
(e) (i) If You are paying in full, You will be charged one time on the date of Your purchase.
(ii) If You are paying in instalments, Your card will be charged for the payment plan You selected.
(f) By completing this purchase, You acknowledge, agree, and authorise us to charge Your card on a recurring basis for the total amount of the payment plan.
(g) This programme is an “all or nothing” purchase. If Your card account is declined for any reason (insufficient credit, closed, expired, or other reason), we will contact You to update Your payment information. You agree to do so within 5 business days. Failure to update Your account information will cause Your access to the programme to be suspended entirely.
1.4. Knowhow Licence
In the course of the provision of the Programme and the specific elements thereof, The Embodied Leadership Academy will provide You with knowledge, guidance, and materials (knowhow). This knowhow is provided to You under a limited licence. To the extent that the knowhow is confidential information, it is subject to clause 7.
All knowhow is licensed to You solely and exclusively for Your personal use only (and not for the purpose of providing services to others or otherwise undertaking its distribution in any form,) and on the basis of Your full compliance with the terms of this contract. The licence of knowhow is perpetual and survives termination of this contract.
1.5. Removal of Content
You acknowledge and agree that as a result of Your participation in online group sessions and social media support group, Your comments must help create a supportive environment for all participants in the Programme. The Embodied Leadership Academy reserves the right to remove any content posted by You if The Embodied Leadership Academy considers (in its sole discretion) that Your comments are inappropriate and/or counter-productive to the goals of the Programme.
2. Licence
In consideration of entering into this Agreement and being granted Access to the Programme,
(a) You hereby grant to The Embodied Leadership Academy an irrevocable, royalty-free, perpetual licence to use, copy, distribute, reproduce and publish in any form (whether now known or hereafter invented) at any time any and all information regarding Your experience of the Programme including any specific results experienced or obtained by You over the course thereof; and,
(b) You acknowledge that this may include any written statements You may publish through social media accounts and online forums (whether as articles or by way of posts or other commentary), as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event related to the Programme. You represent and warrant that any statements or testimonials that You make shall be correct, accurate, and truthful; and,
(c) You hereby grant an irrevocable, royalty-free, perpetual licence to The Embodied Leadership Academy for the right to use, broadcast, distribute, and exhibit in any form now or later developed, including publications for promotion on website entries and social media sites, Your name, likeness, image, photograph, voice, and video as related to and in conjunction with Your participation in the Programme including in relation to any specific event therein (“Knowhow”). You hereby acknowledge and agree that all of the intellectual property in and to the Knowhow belongs to Us and that You have no licence to exploit the Knowhow except for the specific requirements of the Programme as described by Us from time to time. The Knowhow is subject to the provisions of this agreement including but not limited to Clause 7.
3. Your Warranties and Commitment to the Programme
3.1. By entering into this Agreement, You warrant the following:-
(a) You are not aware of any circumstances that would suggest or indicate that the Programme (or any element thereof) is not suitable for You or may be damaging to Your health or well-being; and,
(b) You are not currently being treated for depression or any other psychological disorder or taking any psychoactive prescription drugs or other medicines that may be contra-indicated for the type of activity the Programme provides; and,
(c) You are over the age of 18; and,
(d) You are not pregnant or, if You are pregnant, You have consulted Your doctor and Your doctor has not advised You to avoid participation in coaching.
If any of the foregoing information changes during the course of the Programme, then You agree to inform The Embodied Leadership Academy immediately.
3.2. You represent that the Warranties that You have made to The Embodied Leadership Academy are accurate, and You acknowledge that The Embodied Leadership Academy has relied upon them in order to enter into this Agreement.
You agree that You will continue to honour those Warranties throughout the duration of this Agreement. You agree to notify us in writing that You are discontinuing the services immediately in the event that Your circumstances change such that the Warranties or any of them are no longer true or accurate in all material respects.
3.3. By entering into this Agreement, You are committing and agree to
(a) faithfully execute all of the lessons, assignments, and course work in the Programme to the best of Your ability.
(b) to attend all scheduled Q&A and coaching sessions included as part of the Programme.
(c) You also acknowledge that creating results requires considerable effort on Your part and that by entering into this Agreement, You are prepared and committed to make that effort.
3.4. You agree not to: (a) make any disparaging or critical remarks about our services, whether during or after the provision of services; or (b) take copies of our website, any content or other materials (in whatever form) that have been provided to You in the course of the Programme or any element thereof.
4. Acknowledgments
By entering into this Agreement, You hereby agree, acknowledge and understand that:
(a)The Embodied Leadership Academy is only granting You access to the Programme for the purpose of teaching You complementary somatic experiencing, non-medical interventions, intended for those who wish to enhance their performance or improve their work or personal life in general.
(b) The Embodied Leadership Academy does not guarantee any specific results for any person participating in the Programme. You acknowledge that everyone's success is different and depends on numerous factors, including, but not limited to, Your own commitment to the Programme and other circumstances beyond the control of The Embodied Leadership Academy.
(c) The Programme takes the form of education, motivation, information and guidance, which may address specific personal projects or general conditions in Your life or work that might have an impact on overall health. The Embodied Leadership Academy does not provide medical or diagnostic advice, or other medical or therapeutic counselling. Your attention is specifically drawn to the provisions of paragraph 5 in this regard,
(d) prior results do not guarantee a similar outcome. Thus, the results obtained by others applying the principles set out in the Programme are no guarantee that You will be able to obtain similar results.
5. Exclusion
LIABILITY – YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE PROVISIONS OF THIS SECTION. IF YOU ARE UNCERTAIN ABOUT OR DO NOT UNDERSTAND THIS CLAUSE, YOU ARE ENCOURAGED TO SEEK INDEPENDENT LEGAL ADVICE BEFORE ENTERING INTO THIS CONTRACT. BY TICKING THE BOX, YOU CONFIRM THAT YOU HAVE OBTAINED SUCH ADVICE.
5.1. All content of the Programme is intended for informational purposes only. This Agreement expressly excludes any responsibility or liability for any damages arising as a result of Your reliance on The Programme, any element thereof or any other information provided by The Embodied Leadership Academy pursuant to this Agreement.
5.2. You acknowledge that the Programme is not intended to be a substitute for professional medical advice and should not be relied on as health or personal advice. You acknowledge that You should always seek the guidance of Your doctor or other qualified health professional with any questions You may have regarding Your health or a medical condition You may have.
5.3. You agree that You should never disregard and have not disregarded the advice of a medical professional, or delay in seeking it because of something You have read or heard or information You may have obtained from Your participation in the Programme.
5.4. The Embodied Leadership Academy will not diagnose, treat, or cure in any manner, any disease, condition, or other physical or mental human ailment. If You consider You may have a medical emergency, call Your doctor, go to the nearest hospital emergency department, or call the emergency services immediately. If You choose to rely on any information provided by the Programme, You do so solely at Your own risk.
5.5. The Embodied Leadership Academy shall not be liable to You or any party related to You for any damages, including damages (direct or indirect), loss of business profits or other economic loss, or costs as a result of Your entry into this Agreement and Your participation in the Programme. In the event that The Embodied Leadership Academy is or shall become liable to You in any manner (whether for breach of contract or otherwise), then The Embodied Leadership Academy’s liability to You shall be limited to £5000.00, provided that nothing herein shall limit liability for death or personal injury.
6. Indemnity
6.1. You hereby indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us, our officers, directors, employees and/or agents arising out of or in connection with:
(a) any breach of the Warranties or any circumstances where the Warranties cease to be true or accurate; and,
(b) any other breach of this agreement, including any invalid termination or cancellation thereof; and,
(c) Your participation in the Programme or any element thereof.
6.2. This indemnity shall apply whether or not the Company has been negligent or at fault.
6.3. If a payment due from You under this clause is subject to tax (whether by way of direct assessment or withholding at its source), the Company shall be entitled to receive from You such amounts as shall ensure that the net receipt, after tax, to the Company in respect of the payment is the same as it would have been were the payment not subject to tax.
7. Confidential Information
7.1. Each of You or The Embodied Leadership Academy that receives (“receiving party”) confidential information (which includes details of clients, and any elements of the Knowhow that are marked as confidential or that are otherwise are not freely and publicly available) from the other (“disclosing party”), shall:
(a) keep the confidential information confidential;
(b) not disclose the confidential information to any other person other than with the prior written consent of the disclosing party or in accordance with clause 7.2; and
(c) not use the confidential information for any purpose other than in order to comply with the terms of this contract (“permitted purpose”).
7.2. The Embodied Leadership Academy may disclose confidential information to its own officers, directors, employees contractors agents and advisers who reasonably need to know for the purpose of providing the services and any activities ancillary to the provision of the services (each a “permitted third party”), provided that The Embodied Leadership Academy shall remain solely liable to You for the acts, omissions, and compliance with the terms of this clause of such permitted third party as if such permitted third party was The Embodied Leadership Academy
8. Data Protection
8.1. The Embodied Leadership Academy is committed to protecting the privacy and security of Your personal information. Accordingly, The Embodied Leadership Academy will process Your personal information in accordance with the General Data Protection Regulation (GDPR), the Data Protection Act 2018 and any other national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK (“Data Protection Legislation”).
8.2. The Embodied Leadership Academy’s privacy policy is available on request, as updated from time to time (“Privacy Policy”) and details how it collects and uses personal information about You, in accordance with the Data Protection Legislation. Please read the Privacy Policy carefully to understand our practices regarding Your personal data and how we will treat it.
9. Intellectual Property
In addition to the knowhow licence set out in clause 1, The Embodied Leadership Academy will make certain information available to You as part of Your participation in the Programme. This information comprises intellectual property owned by The Embodied Leadership Academy which includes (but not limited to) audio and visual presentations, documentation, images, designs, trademarks Whether registered or not), trade secrets, and any other materials or elements associated with the Programme (collectively the “Intellectual Property”). The Intellectual Property is licensed to You by The Embodied Leadership Academy for Your personal, non-commercial, home use only and for no other use. Any other use by You is agreed to be an infringement of The Embodied Leadership Academy’s rights in and to such Intellectual Property. You acknowledge that any and all Intellectual Property, is the sole intellectual property of The Embodied Leadership Academy.
You further acknowledge and agree that, as between You and The Embodied Leadership Academy, The Embodied Leadership Academy and its third-party licensors own and shall continue to own all right, title, and interest in and to the Intellectual Property. You may not sell, redistribute, or reproduce the Intellectual Property. Except for the limited, revocable license expressly granted to You herein, this Agreement does not grant You any ownership or other right or interest in or to any Intellectual Property You shall not assert any right, license, or interest in such marks or Intellectual Property that are confusingly similar thereto.
10. Termination
The Embodied Leadership Academy may immediately terminate this Agreement at any time in its sole discretion upon written notice to You, which may be sent via email to the last email address for You known by it. Notwithstanding anything to the contrary herein or otherwise, the provisions of this Agreement indemnity, non-disclosure, Confidential Information, Intellectual Property, disclaimer of warranties, and limitation of liability shall survive the termination of this Agreement.
11. General Provisions
11.1. Force Majeure
11. The Embodied Leadership Academy will not be liable for any delay or failure in performing its duties under this contract caused by act of God, act of terrorism, civil disturbance, or another event that is beyond its reasonable control (an event of “Force Majeure”).
11.2. Entire Agreement
You agree that You have not relied on any promises or representations by The Embodied Leadership Academy, its officers, directors, employees or agents in entering into this contract. The Company has relied on Your Warranties in order to enter into this contract.
11.3. Notices
All notices under this contract shall be in writing and shall be sent to the address of the recipient set out in this contract or to such other address as the recipient may have notified from time to time. Any notice may be delivered personally (deemed served when delivered), by a reputable courier service (deemed served 48 hours after delivery), or by email (deemed served immediately).
11.4. Law and Jurisdiction
This contract is governed by the laws of England and Wales and is subject to the exclusive jurisdiction of the courts of England and Wales.
