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Last Updated: February 2023
Advanced Neurodivergent Coaching Skills and Practice Certification Agreement
These terms and conditions (“the Agreement”) apply to the delivery of the Advanced Neurodivergent Coaching Skills and Practice Certification (“the Certification”) by Sassy Smith, Trading as Aphantasia Coaching Academy/Aphantasia Academy who’s address is: Office 116152, PO Box 7169, Poole, Dorset, BH15 9EL (“We”, “Us”) to you the purchaser of the Certification (as defined in Schedule 1 and being, “You” or “Your”) (together, “the Parties”).
By confirming your acceptance to this Agreement you are agreeing to abide by these terms and conditions as set out below.
In accordance with the terms of this Agreement we agree to provide the Certification, as defined below, to you in exchange for payment of the Fee (as defined below).
Definition and Interpretation
For the purposes of this Agreement, unless the context otherwise requires, the following expressions have the following meanings:
means you and any other individual purchasing, accessing or otherwise using the Certification and Services.
means any comments, information, content, photographs or graphics relating to the Certification that are provided to us by a Client.
means any ideas, know-how, business practices, customer/client details, personal data, materials, 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.
means any materials, information, tools, videos, documents, resources, video and audio recordings, workbooks, data and other content.
means the total cost of the Certification
One to One Session
means a private one-to-one session between a Client and us.
One to One Session Fee
means the amount due for additional one to one sessions, excluding the one-hour session which is included within the cost of the Certification. The fee is £100, which is payable by a Client in advance of booking a one to one session and in the event of non-attendance.
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.
means the Services included as part of the Certification as set out in Schedule 1.
means any interactive group session provided as part of the Certification.
By proceeding with your purchase of the Certification and entering into this Agreement.
This Agreement will begin on the date you pay the fee for the Certification, having read and understood the terms set out herein. It is your obligation to read this agreement and contact us if you have any questions. You can contact us at [email protected]
The Certification is designed to be accessed online only and no alternative will be provided. All Sessions will take place via Zoom or other online meeting facility.
All information, content, support, materials or guidance provided as part of the Certification is intended for a group audience and should not be relied upon as information personal to you, unless we expressly advise otherwise. This information does not constitute legal, medical or financial advice.
Accessing Sessions and Private Groups
We will confirm the date and time of each Session by providing you with details via email or by posting in the private Facebook group.
It will be your responsibility to check for emails and posts concerning the scheduling of Sessions. We regret that no alternative or replacement dates or times will be offered if you are unable to attend a Session for whatever reason.
One to One Session times and dates will be agreed between us via email. Should you need to cancel or rearrange a One to One Session then you must provide us with at least 48 hours’ notice. Any request to rearrange or cancel with less than 48 hours’ notice will be treated as non-attendance.
We will hold all sessions open for an initial 15 minutes after the agreed start time. If, after this time you have not attended we will end the Session and treat this as non-attendance.
Should we be unable to attend a Session or One to One Session we will make all reasonable attempts to provide you with as much notice as possible and to reschedule to a mutually convenient time. Where we reschedule a Session then we will use our reasonable endeavours to reschedule at a time which is convenient to the majority of Clients.
When attending group Sessions we ask that you respect the views of those within the group. This means that we as you to conduct yourself in a reasonable and responsible manner at all times and not to act in a manner which may cause offence, distress or alarm to any other Client.
When you access the Services, you agree:
Not to record any Sessions or One to One Sessions for your personal use or otherwise; and not to share information, whether expressed to be confidential or not, that is shared by another Client; and not to capture or share images of any other Client or that include any other Client without that Client’s express permission; and not to use any Private Group for any unlawful purpose; and that when accessing any Private Group, that you will not upload, post, transmit or otherwise make available content that: is by its nature defamatory, libelous, obscene, demeaning or which causes offence to another individual whether intended or not; or discloses personal and/or confidential or sensitive information about another person; or is threatening or causes us or a Client to feel harassed or in fear; and/or is classed as spam.
Should you become aware of any inappropriate behaviour, comments or content being shown or displayed within any of our Private Groups or during the delivery of any aspect of the Certification then you agree to notify us as soon as possible.
Where we provide you with access to a private area and you are required to set up an account it shall be your responsibility to: provide the correct information to create your account; and keep your password and any other access information private, safe and secure; and notify us should you become aware of, or suspect that a third party is aware of your password or other access details.
What we expect from you when we work together
When you purchase the Certification you are agreeing 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 and accurate.
The Certification is designed to provide you with information, tools, materials and skills to support you in developing an understanding of specific neurological conditions and behaviours which you can use within your coaching or therapeutic practice.
Whilst undertaking the Certification you may come to understand that you have one or a number of the conditions which are being taught. This may expose you to information or situations that trigger deep or otherwise unresolved emotional responses. By using and participating in the Certification and the Services 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 access to the Certification and we reserve the right to terminate your access to the Certification where we have concerns as to your suitability to safely use it.
To maximise the results of the Certification we will provide you with tasks, activities or exercises to complete either during or between Sessions. Whilst you are under no duty or obligation to complete these failing to do so may affect your progress and the results you achieve in connection with the Certification.
You are required to complete a short assessment at the end of each online module and at the end of the Certification.
As part of your access to the Certification you will have the opportunity to learn, develop and experience coaching and therapeutic tools and techniques. When learning and using these tools you agree to use them responsibly and ethically.
Your Purchase of the Certification
Your order and purchase of the Certification is a contractual offer that we may choose to accept.
Our welcome email confirms acceptance of your order and our legally binding agreement.
If your order is not accepted, we will notify you by email and provide a full refund.
When we deliver the Certification, we agree to do so with reasonable care and skill and we may engage the services of our employees, contractors and other third-party providers as necessary.
We reserve the right to make changes to the Certification, in whole or part, as we reasonably require without notice to you. If we make changes, we will ensure the Certification still matches the original description, except where the change enhances the original description. We shall not be liable for any reasonable changes or cancellations that are made to the Certification.
The Fee which is payable by you in GBP and can be paid in full, or in two instalments. The Fee does not include additional One to One sessions.
Time for payment 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 Certification.
If you choose to pay by credit or debit card then you authorise us to charge your payment method. If it is rejected, or fails, but you have still received access to the Certification, you agree to provide full payment within 7 days from access to the Certification being provided.
If we agree to accept payment by instalments, you agree to provide payment of the instalments in accordance with the instalment plan provided to you at the time of your purchase.
We reserve the right to change any of our charges and the Fee at any time. Any changes will not affect the price of the Certification where payment has already been made and a welcome email has already been sent.
The Fee is based upon our knowledge and experience and the time, effort and availability of the Certification 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 any part of the Certification on your part. The Fee is payable in full and non-refundable.
You are responsible for ensuring that payment of the Fee or any instalment of the Fee is paid in full and on time in accordance with the payment terms.
Without prejudice to any other right or remedy that we may be entitled to, where your account is beyond 7 days overdue we shall be entitled to withhold access to the Certification, including all Sessions, One to One Sessions and Private Groups, until payment has been made in respect of the outstanding amount.
Following initial purchase, you have 14 calendar days to cancel this agreement and get a full refund. After 14 days you are no longer entitled to a refund.
Complaints or Concerns
In the event you have any concerns about the Certification, you agree to let us know by email to [email protected] 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.
Cancellation and Termination
You may end this Agreement by providing us with 14 calendar days notice in writing.
We shall be entitled to limit your access to the Certification or suspend, and/or terminate this Agreement with immediate effect and without refund of any Fee, whether paid or remaining due and payable, 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 due to us as and when it becomes due; 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 acted in a way which is abusive or is intended to cause offence to us or a Client; and/or
you have 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 all Services, any private social media accounts, any Private Groups, and any other online resources will be removed, unless expressly agreed otherwise. We will not be liable to you for any claims relating to the removal of any access; and any Fee or other monies owed by you to us will become immediately due and payable; and any terms of this Agreement which either expressly or by their nature relate to the period of time after termination and/or the Certification has been delivered, shall remain in full force and effect; and you shall cease to use, either directly or indirectly any Content or Confidential Information belonging to us, or provided by us to you, and shall immediately return to us or destroy any copies in your possession or control.
It is important to us to create a safe and secure space for everyone accessing the Certification and therefore the protection of confidentiality is very important to us, which is why, when you disclose Confidential Information to us, we agree not to communicate or disclose it, make it available to others, or use it for our own purposes without your consent, unless provided for in this Agreement.
Where we disclose Confidential Information to you, or where it is disclosed by a Client, you agree that the Confidential Information belongs solely and exclusively to the person disclosing it, 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; or 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.
For the purposes of this Agreement, Confidential Information 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.
As part of the Services we may provide you with access to Content. We take the protection of our Intellectual Property Rights in relation to our Content and our Services very seriously. When you enter into this Agreement you agree that from the start date of this Agreement:
- that all Content remains our confidential and proprietary intellectual property and belongs solely and exclusively to us; and
- that you will not record any webinars, online or in-person events, videos, Sessions or any Content; and
- that you will not infringe any of our Intellectual Property rights or any such rights belonging to a Client.
- Our Content can only be used by you in connection with your use of the Certification and should not be copied, modified, reproduced, shared, sold, 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 unless expressly set out in this Agreement or we have provided our prior written consent.
- Where we have expressly stated that our Content can be used by you with your clients, or given to them, you are not to claim these are your own content. Nor can you sell, copy or distribute these for the purpose of financial gain.
As part of your purchase of the Certification, we will grant to you a personal, limited, non-transferable, non-exclusive, revocable licence to access, view and use our Content on the following terms only:
- as part of any one-to-one private work that you undertake subject to you having in place strict terms and conditions to protect the use of our Content from any infringement by your clients or other third parties;
- as part of any private group work you undertake subject to you ensuring that you clearly reference us as authors and creators of the Content and on the basis you have in place strict terms and conditions to protect the use of our Content from any infringement by your clients or other third parties;
- for your private and personal use;
- as part of your use of the Certification for the purposes as intended by this Agreement.
- Your license becomes valid upon payment of the Fee and any other monies owing to us and we have the right to withdraw it at any time, without notice where we reasonably believe you are in breach of the terms of the license.
You shall not use our Content or any of our Confidential Information or Intellectual Property for any other purposes including but not limited to:
- as part of your own business or training courses or to create a system, method or training course;
- in any lectures, seminars, workshops, webinars, presentations or similar;
- as if the Content was created or produced by you;
- for any other purpose without our express consent in writing;
Where any Content contains intellectual property belonging to a third party, its use will be subject to that third party’s terms and you shall be responsible for seeking consent to use it from that third party. Nothing contained within this Agreement shall be construed as any form of implied or expressed licence or other form of use of that party’s intellectual property and we shall not be liable to you in respect of your use or attempted use of any Content that contains material belonging to a third party.
In the event of your breach of your obligations relating to our Intellectual Property (including but not limited to our Content and Services) then:
- you shall immediately cease and desist the illegal use of our Intellectual Property upon receipt of such notice from us;
- you agree and accept that damages, loss, or irreparable harm may arise for us 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 because of your breach of this clause.
The provisions above shall continue in force notwithstanding termination of the Agreement for any reason.
Images, videos and recordings.
As part of the delivery of the Certification your image may be recorded in photographs, images or screenshots by us or other Clients and shared on social media. By purchasing the Certification and agreeing to the terms of this Agreement you are providing your consent for your image to be used. Should you wish to revoke your consent you can do so by emailing us at [email protected]
Reviews and Testimonials
If you choose to share Client Content with us you are granting to us, free of charge, permission to use that Client Content in any way as part of our business services, which shall include advertising and marketing.
When sharing Client Content, you confirm that you have the legal right to share it and that it does not infringe any third party’s intellectual property or other rights.
If you provide us with a testimonial, review or similar (“Review”) then by doing so you consent for us to exhibit, copy, publish, distribute, use on our website or any of our pages, our social media sites or in our advertising and marketing campaigns or email communications, your Review or part of your Review, as we reasonably require to lawfully promote our business. You can amend your consent at any time by emailing us.
Your purchase of the Certification and your compliance with the terms of this Agreement does not constitute or imply any business relationship other than as set out within these terms and conditions.
We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for: any indirect, consequential or special damages, losses or costs; or any loss of profits, business, data, reputation or goodwill or any such anticipated losses; or any failure to deliver the Certification where we are prevented due to a reason beyond our reasonable control; or any losses arising from your choice of Certification or service requested or your use of the Certification once delivered.
Should you incur damages due to our default or breach, our entire liability is limited to the amount of the Fee paid by you at the time loss is sustained. You agree and acknowledge that this term is fair and reasonable given the nature of this arrangement and the provision of the Certification.
Nothing in this Agreement shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.
You agree to indemnify and hold us harmless for any action taken against us due to your violation or disregard of: any of the terms of this Agreement; your use or participation in any way in any way with the Certification.
During the term of your access to the Certification and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, employees, contractors, or Clients, or ours or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or Clients.
In the event a dispute arises in connection with the provision of the Certification which is incapable of being resolved by mutual consent then we both agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible 30 days following mediation then either of us shall be at liberty to commence legal action.
When purchasing the Certification you will have access to the Services, Content, 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 the skills or tools shared. Your success and any results are dependent on factors which are outside of our control and we regret that we are not able to guarantee that any particular results or success will be achieved.
We have made every effort to accurately represent the Certification. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results. 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 Certification or the Services provided.
Where reference in this Agreement is made to the provision of a notice then any such notice shall be validly served if sent by email to the address of the other party as set out in this Agreement and shall be deemed served upon receipt of a valid delivery notification, if prior to 5pm UK time, or at 9am the following business day;
All notices should be sent to us at [email protected]
It shall be your responsibility to notify us should your contact email change.
Every effort will be made to deliver the Certification in accordance with this Agreement but we shall not be liable for any delay or failure in provision of the Certification 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, lockdown, 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 Certification shall be extended until a reasonable time after the Event preventing or interfering with the delivery, 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 provide you with an email setting out the nature and extent of the Event and any steps we are taking to mitigate the impact and effect.
Should the Event continue 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.
This Agreement is formed in the United Kingdom, our principal place of business and this Agreement and the rights of the parties to this Agreement shall be governed by the laws of England and Wales. The Parties to this Agreement submit to the exclusive jurisdiction of the Courts of England and Wales and the laws from time to time in force.
You agree that no other representations have been made by us 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.
Subject to payment of the Fee by the Client, the Certification shall be delivered as follows:
A minimum of 6 x group mentoring sessions lasting a minimum of 45 minutes each. A maximum number of 40 group mentoring sessions are available for clients during any 12 calendar months.
5 x online theoretical training modules
5 x online practical training sessions
1 x one to one session lasting a minimum of 60 minutes;
Suite of resources and a self-study course workbook.
Email access subject to a maximum of 3 x emails in any 7 day period.
Voice note and messenger access via whatsapp, telegram or Voxer subject to a maximum of 4 such contacts per week.
We endeavour to respond to emails and voice note/messenger contact within a period of 3 working days.
Access to resources and tools to use with your clients
Payment of the Fee
The Fee payable by you to us for delivery of the Certification is as set out on the sales page provided to you prior to purchase. Payment must be made via Stripe or PayPal. You are responsible for checking any terms and conditions relating to the way these providers will process your payment and any personal data you provide to them.