Deepen your executive coach practice
TERMS AND CONDITIONS
1.1 ‘ECS’ means the Executive Coach Studio Ltd.
1.2 ‘Applicant’ means an individual or company who wishes to enrol in an ECS course or event.
1.3 ‘Participant’ and ‘delegate’ are used interchangeably and means an individual or company who has submitted an Application or course booking whose payment has been received (where relevant) and who has been accepted onto the course or event.
1.4 ‘Course’, ‘Programme’, ‘Workshop’ or ‘Retreat’ are used interchangeably and mean the entire training programme for which a single fee is charged and to which an applicant commits.
1.5 ‘Module’ means one or more consecutive training days that make up a series of non-consecutive training events to form a single course or programme.
1.6 ‘Start of Programme’ means the calendar day of the first day of the programme or course.
1.7 ‘Event’ means any time the ECS sponsors an in-person opportunity for others for free or for a fee.
1.8 ‘Workshop’ means a stand-alone training course or programme.
2. BASIS OF AGREEMENT
2.1 These terms apply to any course or event offered by ECS. Such courses may include, but are not restricted to:
(1) The ECS Diploma in Executive Coaching
(2) The ECS Certificate in Team Coaching
(3) The ECS Diploma in Team Coaching
(4) Community of Practice Workshops
(5) TA for Coaches Deep Dive Retreat
(6) Gestalt for Coaches Deep Dive Retreat
2.2 Any booking using ECS online registration form, which you seek to place with ECS through ECS’s website or otherwise constitutes an offer by you to purchase a place on the relevant Course subject to these terms and conditions to the exclusion of all other terms and conditions.
2.3 Your booking shall only be deemed to be accepted by ECS when ECS notifies you in writing, usually by email, that your application is approved on which date (the Commencement Date) a contract between you and ECS shall come into existence on the basis of these terms and conditions and any additional terms set out in ECS’s notification of approval (the Contract).
2.4 The Contract constitutes the entire agreement between you (the participant) and ECS. You shall not be entitled to rely on any statement, promise or representation made or given by or on behalf of ECS which is not set out in the Contract.
2.5 Any example coaching or training sessions or presentations, descriptive matter or advertising issued by ECS and any illustrations or descriptions of the Courses contained in our catalogues, brochures or website are issued or published for the sole purpose of giving an approximate idea of the Courses described in them. They shall not form part of the Contract or have any contractual force except where expressly provided in these Terms and Conditions.
3. SUPPLY OF SERVICES
3.1 Subject to receipt of the Charges by ECS in full we shall supply the Course to you in accordance with the adult and work-based learning principles set out on our website from time to time.
3.2 We shall have the right to make any changes to the Course which are necessary to comply with any applicable law or safety requirement which do not adversely affect the nature or quality of the Course, or which we consider desirable or appropriate in connection with the Course.
4. CHARGES AND PAYMENT
4.1 The Course fees (the Charges) shall be as described on our website at the Commencement Date.
4.2 Course fees are correct at time of printing. However, ECS reserves the right to adjust these prices in order to meet their true cost.
4.3 Payment in full of fees shall be received by ECS in cleared funds no later than two months before date of commencement of the course, except for late applicants.
Our standard payment terms are to invoice you for 25% of the course fee on receipt of your completed booking form as a deposit that secures your place. We will invoice you for the balance of the course fee two months before the start of the first module.
4.4 Should the Charges not have been paid in accordance with the Contract you will not be permitted to commence the Course.
4.5 It is the responsibility of the applicant to confirm his/her place by forwarding payment.
4.6 All amounts payable by you under the Contract are exclusive of amounts in respect of value added tax chargeable for the time being.
4.7 Payment of residential costs and meals are in addition to the course fees.
4.8 Exception: For all Modular Programmes, part of the payment may be made by Standing Order at the company’s discretion subject to a signed written agreement and confirmation by ECS.
4.9 Interest will be charged at the rate of 8% above Bank of England Base Rate for late payment.
4.10 To qualify for Early Bird pricing incentives and other marketing incentives, payment in full must be received by the specified Early Bird or incentive date. The full published programme price will become payable if payment is not received by this specified date.
4.11 The full sterling price as detailed on the invoice is payable in order to secure a place. Due account should be taken when making payment to ensure that any bank transfer charges are added to the payment and enough local currency should be made available to ensure the full sterling amount is received by the ECS when calculating the exchange rate at the date of transfer.
4.12 Subject to clause 6, Charges are non-refundable.
5.1 Transfers to later programmes are at the discretion of ECS
5.2 Should Participant wish to transfer to a later Programme, the ECS has a policy to apply charges depending on the length of notification given in writing.
5.3 Oral notification will not be accepted.
5.4 Written notification (by email or post) must be received within normal office working hours and receipt acknowledged by ECS.
5.5 The transfer option only applies to Participants who are transferring to a different date for the same type of Programme and is subject to the same type of programme being available.
5.6 Participants must specify their choice of transfer date at the time of transfer.
5.7 The option to transfer can only be used once, after which non-attendance will be treated as a cancellation and all payments will be due.
5.8 If a Participant uses the transfer option, the original Programme invoice and the transfer invoice remain due, if the transfer reservation is subsequently cancelled the standard ECS cancellation penalties will apply.
5.9 Participants may not transfer to a module on a later programme. Attendance at each scheduled Module for the Programme booked and the Assessment Day(s) are required in order to successfully complete the programme. Exceptions will be handled on an individual basis, be subject to availability, carry an additional charge to cover the administrative costs incurred and are at the sole discretion of the ECS & faculty.
5.10 Programme transfer requests received:
5.10.1 more than 30 days in advance of the start of the programme — no charge
5.10.2 15 to 30 days in advance of the start of the programme– 25% transfer charge of full programme fee
5.10.3 less than 15 days in advance of the start of the programme — 50% transfer charge of full programme fee.
6.1 Depending on the circumstances, ECS may agree to switch a Participant who is booked onto a Programme or Workshop with another Participant from the same organisation or company. A fee of 10% of the total cost of the Programme or Workshop will be charged to make the changes.
7. CANCELLATIONS, TRANSFERS & REFUNDS
7.1 A participant may cancel the Agreement by giving notice in writing at any time up to 60 days before the Commencement Date at no cost. ECS will refund 100% of the fees or deposit. 30 to 60 days before commencement of the course we will refund 50% of the fees or deposit. Notice of cancellation given less than 30 days before the start of the course will not be refunded.
It is the participants responsibility to ensure and confirm that any notice of cancellation has been received by ECS and that you have received an acknowledgement of receipt from ECS.
7.2 In the event of a participant being unable to attend a course on the dates originally booked ECS will use reasonable endeavours to accommodate requests for transfers to alternative dates or alternative courses but shall be under no obligation to grant such requests. If it is not possible to arrange for you to attend an alternative course any deposit or fees paid will be retained by ECS.
7.3 Substitute participants cannot be used.
7.4 If A Participant is unhappy with the course and feels that it does not meet the description given on the ECS website the Participant must notify the facilitator by end of first day of the course. In this situation a refund may be given for the course. The reasons for dissatisfaction will be noted and if the reasons are deemed reasonable by ECS, a full refund will be given for the total amount paid for the course.
7.5 Exception for Diploma in Team Coaching and Diploma in Executive Coaching programmes.
7.6 ECS reserves the right to cancel Workshops, Programmes or Retreats as necessary. If a Workshop, Programme or Retreat must be cancelled, ECS will make every reasonable effort to reschedule to an alternative date and will automatically move confirmed bookings to the alternative date. ECS will provide the Applicant with as much notice as is possible given the circumstances for the date change. Notice will be given in writing (email or post).
7.7 If a Participant is unable to attend the alternative date, ECS will provide a full refund for the amount paid for the Programme, Workshop or Retreat.
7.8 ECS reserves the right to cancel Programmes, Workshops or Retreats, revise dates, times and fees or substitute facilitators or attending faculty as necessary.
7.9 If ECS changes the venue of a Programme, Workshop or Retreat, even at short notice, ECS will not reimburse travel or accommodation costs, associated with changes.
8. SICKNESS AND ILL HEATH
8.1 If the performance of any of ECS’s obligations under the Contract is prevented or delayed due to sickness or ill health, or the sickness or ill health of any of ECS employees, faculty members, agents or subcontractors we shall inform you as soon as is reasonably practicable and such sickness or ill heath shall constitute a Force Majeure Event for the purposes of clause 11.1.
9. INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY
9.1 ECS have spent considerable time and money in the development of our coaching and training systems and processes and all the information which we, our employees, agents or subcontractors provide in relation to the Course and in the materials, including but not limited to information provided orally, in writing or electronic form and delivered in lectures, seminars, discussions, coaching and training sessions (the Materials). You acknowledge and agree that such information and materials may be confidential in nature and contain valuable trade secrets, technical and commercial know-how, specifications, inventions, processes and initiatives. You shall not make or permit the making of any copies, reproductions, recordings, interpretations or analysis of course materials and shall restrict disclosure of any confidential information to such of your employees, agents or subcontractors as need to know it for the purpose of performance of the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality and obligations prohibiting the reproduction of materials corresponding to those which bind you.
9.2 All Intellectual Property Rights (defined below) in or arising out of or in connection with the Contract and in the Materials shall be owned by ECS and nothing in the Contract shall grant you any Intellectual Property Rights.
9.3 For the purposes of this clause 6, Intellectual Property Rights means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
9.4 This clause 8 shall survive termination of the Contract.
10. LIMITATION OF LIABILITY
10.1 Nothing in these Conditions shall limit or exclude our liability for:
(a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
10.2 Subject to clause 10.1:
(a) we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Charges paid under the Contract.
10.3 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
10.4 This clause 8 shall survive termination of the Contract.
11.1 Without limiting our other rights or remedies, we shall have the right to terminate the Contract or cancel any Order immediately by notice to you.
12.1 Force majeure:
(a) For the purposes of this Contract, Force Majeure Event means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the party or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
(b) We shall not be liable to you as a result of any delay or failure to perform our obligations under this Contract as a result of a Force Majeure Event.
(c) If the Force Majeure Event prevents ECS from providing any of the Services for more than 6 months, we shall, without limiting our other rights or remedies, have the right to terminate this Contract immediately by giving written notice to you.
12.2 We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under the Contract and may subcontract or delegate in any manner any or all of our obligations under the Contract to any third party.
12.3 No failure or delay by ECS in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise.
12.4 If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
12.5 Except as set out in these terms and conditions, any variation, including the introduction of any additional terms and conditions, to the Contract shall only be binding when agreed in writing and signed by ECS.
12.6 This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
13. WEBSITE USAGE
You will be able to access most areas of this website without registering your details with us. Certain areas of this website may only be open to registered Executive Coach Studio users.
We may revise these terms and conditions at any time by updating this posting. You should check this website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on pages of this website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this website.
You are permitted to print and download extracts, images or text from this website for your own use on the following basis: (a) no documents or related graphics on this website is modified in any way; (b) no graphics on this Website are used separately from accompanying text; and (c) any of our copyright and trade mark notices and this permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs and graphical images) are owned by us. For the purposes of these terms and conditions, any use of extracts from this website, other than in accordance with points a, b and c above, is prohibited. If you breach any of the terms in these terms and conditions, your permission to use these websites automatically terminates and you must immediately destroy any downloaded or printed extracts from these websites.
No part of this website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these terms are reserved.
While we endeavour to ensure that this website is normally available 24 hours a day, we will not be liable if for any reason this website is unavailable at any time or for any period.
Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Visitor material and conduct
Other than personally identifiable information, any material you transmit or post to this website will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
You are prohibited from posting or transmitting to or from this website any material: (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; (b) for which you have not obtained all necessary licences and/or approvals; (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). You may not misuse this website (including, without limitation, by hacking). We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of points a, b or c above.
Links to and from other websites
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this website. We may not have reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
You may not create any links to this website.
You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of the above.
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
While we endeavour to ensure that the information on this website is correct, we do not warrant the accuracy and completeness of the material. We may make changes to the material on this website, or to the products and prices described in it, at any time without notice. The material on this website may be out of date, and we make no commitment to update such material.
The material on this website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this website.
14. GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts. We do not warrant that materials/items for sale on the website are appropriate or available for use outside the United Kingdom. If you access this website from locations outside the United Kingdom, you do so at your own risk, and you are responsible for compliance with local laws.