Terms and Conditions
Terms of Service
Introduction
These Terms and Conditions (“Terms") apply to the delivery of HeartHealing® Services and Coaching Services or any related products and services (“Services”) which I, Lara Doherty trading as The Motivation Clinic “I”, “me”), agree to provide to you, the purchaser of the Services (“you”, “your”) in exchange for payment of the Fee (as defined below).
The Services
I agree to deliver to you the Services, as detailed in the service description attached at Schedule 1, with reasonable skill and care, consistent with best practice and standards applicable within the coaching industry and therapeutic services and support industry within a reasonable time period. To support me in delivering the Services, I may engage the services of my employees, contractors and such other third-party providers as may be necessary.
I will deliver the Services to you remotely via an online meeting facility, or otherwise as we agree. You will be required to have access to Zoom.
Payment terms
The total price of the Services is as outlined in Schedule 1 (“the Fee”). All prices are inclusive of VAT.
If payment is agreed by instalments, then you agree to pay in accordance with the instalment plan in Schedule 1. Each instalment received shall be credited to the outstanding amount of the Fee owed by you until payment of the Fee is received in full.
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.
If you choose to pay by credit or debit card then you authorise me to charge your payment method without further notice to you. If it is rejected, or fails, but you have still received access to the Services, you agree to provide me with full payment within 7 days from access to the Services being provided.
The Fee is calculated based upon my knowledge and experience and the time, preparation, effort and availability of the Services and is not based on your actual usage and/or level of attendance. On this basis you agree and acknowledge that the Fee and any other payment you provide to me is non-refundable unless the following circumstances apply:
you purchase the Services as a consumer and you cancel within the cancellation period as further described below; or
I cancel delivery of the Services (as set out in clause 10.3), in which case you shall be entitled to a partial refund for any of the Services which you have paid for but have not yet received; or
you cancel delivery of the Services, with notice (as set out in clause 10.2) in which case you may be entitled to a partial refund in respect of the Services which you have paid for but have not yet received.
Late Payment
Without prejudice to any other right or remedy that I may be entitled to, where any payment you owe to me is more than 7 days overdue then:
I shall be entitled to suspend delivery of the Services 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. Interest will be calculated on the outstanding Fee at a rate of 5% per annum over the Bank of England’s base rate from time to time.
In the event payment is more than 30 days overdue then I shall be entitled to terminate our agreement and instruct a collection or legal agent to seek recovery of the Fee along with interest and any accrued costs incurred.
Your welfare, responsibilities and safe use of the Services
You agree that you are over 18, that you are legally capable of entering into a legally binding contract and that all information you provide is true and accurate.
The Services include therapeutic services and support. Any therapeutic services that are offered are those that I am qualified and insured to provide. Whilst I advocate the benefits that can be experienced through therapy treatments, you accept and understand that results can vary and are not guaranteed. The Services, including any therapy that may be offered or provided to you, are not a substitute for psychological therapy or counselling and you should seek the services of a qualified or licensed professional where such support is required. You will, at all times, remain responsible for notifying me of any medical reason why you should not engage with the Services and/or any offered therapies or therapeutic support.
You will remain at all times fully responsible for your own health and well-being. Any access to HeartHealing® or other therapeutic support or services is an alternative or complementary form of care and not a replacement to any existing medical treatment that you are undergoing or may require. You agree that should you have any concerns concerning your health, diet, medication or any medical conditions that you will seek the advice of your qualified medical practitioner.
I am a trained and certified HeartHealing® Practitioner and I am insured to provide HeartHealing® services. When delivering HeartHealing® services I ensure that at all times I comply with the HeartHealing® Code of Conduct, a copy is available to you on request. As a certified HeartHealing® Practitioner I also undertake regular CPD.
I am not a qualified medical practitioner and do not provide medical consultations, diagnosis or advice relating to medical, psychological, psychiatric or health conditions. If you require information or assistance concerning any medical or health related issue then you should seek the advice of your qualified medical practitioner. The Services do not replace (nor promise, nor attempt to replace) any conventional or current health related treatment which you may require from a qualified medical practitioner and/or be currently using under specific medical advice. You should not stop taking any medications or undertaking any medical treatments without first speaking to your qualified medical or healthcare provider.
You will remain responsible for your own emotional state at all times. During delivery of the Services, you may be exposed to information or situations that trigger deep or otherwise unresolved emotional responses. It is important that you are mentally well enough to use the Services and by purchasing them you are confirming to me that you are and that you will not hold me liable for any emotional distress experienced as a result of your use of the Services. I reserve the right to cease delivery or terminate your access to the Services where I have concerns as to your suitability to safely use them.
HeartHealing® and any other therapeutic services that are offered to you as part of the Services are intended to deliver powerful change. You accept and understand that you will be involved in uncovering the meaning and interpretation of previous life events and significant relationships and then changing that meaning and any interpretations associated with them. When examining previous life events, you are simply reviewing them, not reliving them and this allows you to understand their meaning in relation to any current challenges you may be facing.
When we work together you agree to:
be open and honest at all times so that I may understand your specific needs and adapt the Services appropriately in response; and
listen to the personalised recording for 25 days to fully benefit from the Services. You understand that your failure to comply with this requirement may have a significant detrimental effect on your experience and results; and
comply with and respond to any of my requests for information and to take actions and complete tasks in a timely manner in line with any plan we mutually agree.
Your Sessions
The Services will include private one to one sessions (“Sessions”) as detailed in the Services description, attached at Schedule 1. You will be responsible for scheduling the date and time of each Session by email or Calendly and you shall be responsible for attending the Session at the scheduled time.
You will get the maximum benefit from the Services and our time together if you commit to engaging fully with the process and ensuring that you provide your full attention, time, focus and energy to all Sessions and to completing any tasks or actions I may suggest you undertake.
If you are unable to attend a scheduled Session then you should contact me via email or Whatsapp (07817247727). You will be able to cancel 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 any right to that Session. If you wish to rebook your Session, you will be charged a rebooking fee of £100 and any cancelled Sessions must be rescheduled and take place within 14 days from the date of the cancelled Session, subject to my availability, unless we agree otherwise.
I really respect your time and would ask that you respect mine too. On this basis, if I am waiting for you to join a scheduled Session for more than15 minutes from the scheduled start time then I reserve the right to treat you as a no-show and in that situation you will forfeit your right to that Session or be billed for non-attendance.
Should a situation arise where I need to reschedule a Session then I will make all reasonable attempts to provide you with as much notice as possible and to reschedule the Session to a mutually convenient time.
If you are required to set up an account to access any private area you shall be responsible for providing the correct information to set up your access and for keeping your password or any other access information private, safe and secure. You must notify me should you become aware of, or suspect that a third party is aware of, your password or access details.
Your Purchase of the Services
Your order and purchase of the Services is a contractual offer that I may choose to accept.
My confirmation email confirms acceptance of your order and our legally binding agreement.
If your order is not accepted, you will be notified by email and a full refund will be provided.
I reserve the right to make changes to the Services, in whole or part, as reasonably required without notice to you. If changes are made, I will ensure that the Services still match the original description, except where the change enhances the original description. I shall not be liable for any reasonable changes or cancellations that are made to any part of the Services.
Your rights when purchasing as a Consumer
If you are purchasing the Services as a consumer then you will be entitled to a 14-day cancellation period which begins from the date of my confirmation email.
If you wish to cancel your order within the 14 day cancellation period then you will be entitled to do so by contacting me via email as follows: lara@themotivationclinic.co.uk
Upon receipt of your notice of cancellation:
if you have not already accessed and/or I have not started delivery of any part of the Services within the 14-day cancellation period, then I shall cancel your order and provide you with a full refund of any Fee you have paid to me; or
if you have accessed and/or I have started delivery of the Services within the 14-day cancellation period, then you acknowledge that you will be responsible for my reasonable costs incurred in providing those Services and such costs will be deducted from any refund due to you, or, where payment of the Fee has not yet been made, you will be responsible for providing payment of the pro-rated Fee.
Where I offer you the opportunity to receive immediate access to the Services before the 14-day cancellation period has expired, then if you choose to access the Services immediately, before the 14-day cancellation period has ended, you acknowledge that you will lose your right to cancel in accordance with this clause. This does not affect any other rights you may have as a Consumer.
Complaints or Concerns
I want you to be entirely happy with the Services. In the event you have any concerns, please let me know by email to lara@themotivationclinic.co.uk and allow me a reasonable amount of time to investigate and resolve your concerns before you take any further action. For the purposes of these Terms, further action includes stopping payment or making any chargeback or similar claim.
Where you do notify me of a complaint or concern then I will confirm receipt by email and follow my internal complaints handling procedure to investigate and deal with your complaint or concern.
I reserve the right to vary or re-perform the Services where I consider a concern is justified and in such case these Terms will apply to any re-performed Services.
Nothing in these Terms affects your statutory rights.
Cancellation and Termination
Our agreement, which is subject to these Terms, shall begin when signed and it will continue until the Services have been delivered]unless it is terminated earlier in accordance with these Terms, or we agree in writing to extend.
You may cancel and end this agreement by providing me with notice in writing by email to lara@themotivationclinic.co.uk]. Please remember that unless the circumstances set out in clause 3.5 apply, no refund will be made and you will remain liable for full payment of the Fee despite any notice of cancellation.
I may cancel the agreement where I am unable to continue providing the Services for any reason. In such circumstances I will provide you with notice in writing along with a refund.
I reserve the right to limit or suspend your access to the Services where I reasonably consider that you have acted or behaved dishonestly, fraudulently, or in a way which may have a detrimental effect on my business or reputation, where you are failing to positively engage with the Services, or where you are acting in a way which is abusive or intended to cause offence to me or any of my employees, agents or contractors.
Where I limit or suspend delivery of the Services pursuant to the clause above, then following such action I shall then arrange a meeting with you, either face to face or by telephone, to discuss the matter and to determine whether access will be removed permanently. Where I decide to withdraw access permanently then our arrangement will terminate. Any decision to provide you with a refund will be entirely at my discretion and will be based upon your actions and the level of Service already delivered to you.
Either of us may terminate our agreement on written notice to the other, with immediate effect, if at any time:
one of us commits a material breach of these Terms and, in the case of a breach capable of remedy, fails to remedy that breach within 14 days of being asked in writing to do so. Any request must refer to this clause, provide full details of the breach and confirm that the contract will be terminated if not remedied; or
either one of us becomes subject to bankruptcy, insolvency or similar financial order or proceedings affecting us personally or our business, where applicable.
Upon termination for any reason then:
your access to the Services and any social media accounts or groups, any online resources and any Content will be removed, unless we agree in writing otherwise and I will not be liable to you for any claims relating to the removal of that access;
any Fee or other monies owing to me will become immediately due and payable;
any provision of these Terms which either expressly or by its nature relates to the period of time after termination and/or the Services have been delivered, shall remain in full force and effect; and
you will upon request, return or destroy any Content or Confidential Information (as defined below), which belongs to me.
53. Termination for whatever reason will not affect either of our accrued rights, remedies, obligations and liabilities as at the date of termination, including the right to claim damages for any breach which existed on or before the date of termination.
Unexpected Events
54. I will make every effort to deliver the Services to you but sometimes things may happen which are outside of my control (“Events”). Examples of Events can include, but are not limited to, acts of god, extreme adverse weather conditions, pandemics, industrial action, lock down, war or threat or preparation for war, terrorist attack, any act or omission of a telecommunications officer or third-party supplier of services, unexpected accident or illness. If an Event happens which causes a delay to the delivery of the Services then I will contact you as soon as I am able to confirm the details of the Event, the steps I am taking to mitigate the impact and when I expect to recommence delivery of the Services.
55. If an Event occurs which continues for longer than 3 months then either one of us shall be entitled to terminate this Agreement by providing 14 days’ notice in writing. Termination in these circumstances shall be without prejudice to any of our rights in respect of any breach occurring prior to termination. I will not be liable for any loss or damage suffered by you as a result of any delay caused by an Event and any refunds will be considered at my discretion.
Confidentiality
56. The protection of confidentiality is very important to me and that is why when you disclose or share any Confidential Information it will be kept strictly confidential and not communicated, disclosed or otherwise made available to others, without your consent, unless provided for in these Terms.
57. Where I disclose any Confidential Information to you, you agree that it belongs solely and exclusively to me 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.
58. For the purposes of these Terms, Confidential Information shall mean ideas, know-how, business practices, customer/client details, personal data, materials, therapeutic and coaching tools, 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”) and it excludes any information that was already known to either of us before it was provided, or where it was already in the public domain, created by either of us, or provided separately by someone else without any breach of these Terms.
Intellectual Property
59. For the purposes of these Terms, Intellectual Property shall mean all worldwide intellectual property rights whether registered or unregistered, registrable or non-registrable, including any application or right of application for such rights and shall include copyright and related rights, database rights, confidential information, trade secrets, know how, trade names, business names, trademarks, passing off rights, patents and rights in designs.
60. As part of the delivery of the Services I may provide you with materials, information, tools, videos, audio recordings, resources, documents, workbooks, data and other content (“Content”). You agree and accept that all Content remains my confidential and proprietary Intellectual Property and belongs solely and exclusively to me. You will be permitted to use any Content in connection with your use of the Services but it should not be copied, modified, reproduced, sold, shared, distributed, published, licenced, disclosed, or used for any reason, whether for commercial gain or not, without my prior written consent and nothing within these Terms constitutes a transfer of any Intellectual Property or a grant of a licence or any right to use unless expressly set out in these Terms or where I have provided my written consent.
61. You may not, without my prior written consent, make any audio or visual recordings of all or any part of the delivery of the Services. You agree that I may make recordings which may include your image, voice, name and likeness during the course of the delivery of the Services, if Sessions take place on systems that allow for recording. Recordings of any Sessions will only be made available to you for the purposes of learning and development in accordance with the scope of the Services. You shall not distribute or share any recordings of the Services provided to anyone else.
62. Where you are provided with access to Content which contains Intellectual Property belonging to a third party, such as HeartHealing®, the use of that Content will be governed by that third party’s terms and you agree to only use that Content as expressly stated by me. In the event you wish to use such Content for any other purposes then it shall be your responsibility to seek consent to use that material. I will not be liable to you in respect of your use or attempted use of Content containing Intellectual Property belonging to a Third Party which goes against any guidance or advice I provide.
63. Please be aware that HeartHealing® is a method belonging to a third party and is protected by Copyright and Trade Mark.
64. In the event of your breach of your obligations relating to Intellectual Property (including but not limited to the Content, my methods and HeartHealing® then:
65. you shall immediately cease and desist the illegal use of such Intellectual Property upon receipt of such notice from me;
66. you agree and accept that damages, loss, or irreparable harm may arise due to your illegal use of my Intellectual Property and, in such circumstances, I shall be entitled to seek relief, including injunctive relief against you; and
67. you shall indemnify and keep me fully indemnified for all such damages and losses sustained as a consequence of your breach of this clause 13.
Your Personal Data and how it is used
68. Personal data for the purposes of these Terms means any information which is capable of identifying another individual, as further defined within the Data Protection Act 2018 and the UK GDPR.
69. Any Personal Data you provide will be maintained, stored, accessed and processed in accordance with recognised data protection laws and legislation including the Data Protection Act 2018 and the UK GDPR. . I shall only process your Personal Data to the extent reasonably required to enable proper delivery of the Services and shall retain it only for as long as reasonably necessary to allow completion and delivery of the Services and to comply with any legal or regulatory requirements. For full details of how I process, use, collect and store your Personal Data please refer to my privacy notice which can be found at www.themotivationclinic.co.uk.
70. My obligations above and as set out in Clauses 12 and 13, shall not apply where it is necessary for me to disclose in connection with legal proceedings, prospective legal proceedings (whether or not in relation to these Terms), to allow me to obtain legal advice, where I have been directed to do so by a court or other body of equivalent jurisdiction or where it is necessary because there is a safeguarding issue or concern or I reasonably believe you are at risk of danger to yourself or others. If there is a risk of harm to you or others, wherever possible, I will always seek to inform you of my concerns and agree on a support plan. If this is not possible, I will contact your named emergency contact and/or medical practitioner or any other appropriate and relevant authorities/individuals.
Reviews and Testimonials
71. If you share comments, information, content, photographs, graphics or images (“Client Content”) you are granting to me, free of charge, permission to use that Client Content in any way as part of my business services, which shall include advertising and marketing.
72. When sharing Client Content, you confirm that you have the legal right to share it and that it doesn’t infringe any third party’s intellectual property or other rights.
73. If you provide me with a testimonial, review or similar (“Review”) then by doing so you consent for me to exhibit, copy, publish, distribute, use on my Website or any of my pages, social media sites or in my advertising and marketing campaigns or email communications, your Review or part of your Review, as I reasonably require to lawfully promote my business. You can amend your consent at any time by email to lara@themotivationclinic.co.uk..
Liability
74. Nothing in these Terms shall limit or exclude my liability for death or personal injury caused by my negligence or for any fraudulent misrepresentation.
75. I shall not be liable (whether caused by me, my agents, employees or otherwise) to you for:
76. any indirect, consequential or special damages, losses or costs;
77. any loss of profits, business, data, reputation or goodwill or any such anticipated losses;
78. any failure to deliver the Services where I am prevented due to an Event or another reason beyond my reasonable control; or
79. any losses arising from your choice of Services or your use of the Services once delivered.
80. I warrant that the Services are of satisfactory quality and reasonably fit for the purposes in which they are intended to be used.
81. Save for the warranty set out in the clause above, all warranties and representations are excluded to the fullest extent permitted by law.
82. My entire liability to you shall be limited to the amount of the Fee paid by you at the time loss is sustained.
83. Nothing in these Terms seeks to excuse or limit your legal rights as a consumer, where applicable. For further information concerning your legal rights please contact your local Citizens Advice Bureau.
84. During the period that the Services are being delivered to you, and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm me, my business or my reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity for me or my business.
85. In the event a dispute arises in connection with the provision of the Services which we are unable to resolve following my internal complaints process or otherwise by mutual consent, then we both agree to submit the matter for mediation by a CEDR accredited independent mediator. In the event a resolution is still not possible 30 days following a mediation decision then either of us shall be at liberty to commence legal action.
No Guarantee
86. When purchasing the Services you will have access to Content, methods, tools, therapies, people and support all designed to benefit you but it is your responsibility to take action and implement the necessary information received and/or the skills or tools shared. Your success and any results are dependent on factors which are outside of my control and I am unable to guarantee that any particular results or success will be achieved.
87. I have made every effort to accurately represent the Services. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results. Your individual results and experience will depend on many factors, including your background, dedication, desire and motivation which are all outside of my control and on this basis I make no guarantee, representation or warranty with respect to the Services provided.
Contact between us
88. The Services shall be delivered by Lara Doherty of The Motivation Clinic. My business address is 8a Sydenham Road, Guidford, Surrey, GU1 3RT. Should you wish to contact me then you can email me at lara@themotivationclinic.co.uk or alternatively you can write to the postal address above.
89. If I need to contact you, I will use the email address provided to me at the time you purchased the Services. If you change your contact email address it will be your responsibility to notify me so that I can update my records.
90. Any reference in these Terms to a notice shall mean a notice in writing sent by email to the email address as referred to above. All emails will be taken as delivered 48 hours from valid transmission.
General
91. The failure of either one of us to actively enforce any provision of these Terms shall not constitute a waiver, diminution or limitation of any right.
92. In the event any provision of these Terms 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.
93. This is the entire agreement between us and supersedes all other negotiations, drafts, correspondence and discussions prior to its execution.
94. The rights of the parties to this Agreement shall be governed by the laws of England and Wales and we both submit to the exclusive jurisdiction of the Courts of England and Wales and the laws from time to time in force.
95. You agree that no other representations have been made to induce you into entering into this Agreement and no modification to the terms of this Agreement shall be effective unless in writing and signed by both parties.
96. The Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.