Effective Date: 1-Nov-2023
Last Updated: 20-Sept-2024
Please read the entire agreement.
This is a legal agreement between you and Terri Pugh and applies should you sign up for a personal coaching service.
The terms “we,” “us,” and “our” refer to Terri Pugh, and her team. The terms “Site” or “Website” refers to www.terripugh.com and www.terripughcoaching.com. The terms “coachee”, “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site and our services. The term “service” refers to those elements delivered as a part of the personal coaching options.
This document details from the outset the way in which we will deliver our services to you. If you are planning to purchase any of the personal coaching options, then you must read these terms and conditions in full prior to purchasing.
These Terms cannot be varied and in proceeding to purchase the services you will be deemed to have accepted these Terms. Please read them carefully as they affect your rights and liabilities under law and set out the Terms under which we provide services to you as the purchaser. These Terms are subject to any rights you have under consumer law to which we are bound and which cannot be waived by contract.
Please be aware that we may update these Terms at any time. Your continued use of the services indicates your acceptance of the terms and agreement to any changes. We will inform you of any changes in writing if you are currently using any of our services.
Parties agree that the services are provided in the nature of self development. The scope of services provided are limited to those listed on the websites. We reserve the right to substitute services equal to or comparable to the services listed if the need arises, without prior notice.
PERSONAL COACHING SERVICES OUTLINE
The personal coaching services are designed for helping people who would like to improve or change an area of their life or career, and would like some guidance to achieve those goals.
Services are suitable for those who are over the age of 18.
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We reserve the right to cease to provide services to any person we believe to be representing companies that offer a similar or directly competing Service.
We will email you to confirm the placement of your order and with details concerning product delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Once confirmed, we will provide you access to the purchased Service. You agree and understand that access to the Service may at times be influenced and affected by third parties that we use to provide the Service (web hosting, site plugins, payment processor etc.). You agree and understand that no breach of contract action may be initiated against Terri Pugh when there are reasonable delays in the access of the Service.
SERVICE SPECIFICS
Depending on the service subscribed to, there are several key elements that may be offered. These are:
- Private coaching sessions
- Support via a web based chat service
- Additional resources as and when required
The personal coaching sessions will be led by Terri Pugh.
Online sessions will be accessible by Zoom or Google Meet, and the link to access each call emailed to attendees prior to the event.
In person sessions will be held at a mutually agreed location, to be arranged before the formal booking and payment is made. Additional travel costs may be incurred, and will be agreed prior to booking.
The duration of sessions will be as advertised on the Site, and as confirmed in your welcome email and any welcome guides provided to you.
During coaching sessions, it is the client’s responsibility to take personal notes on discussions and action steps. While clinical notes will be kept for professional use, they are confidential and will not be shared. Time will be allowed during sessions for the client to make any necessary notes.
ADDITIONAL RESOURCES
In addition to the live sessions, there may be additional resources shared for you to consider in your own time. Any suggestions or requests made of this nature are done so with the intention of improving understanding between the coach and yourself, or for your own added personal development.
The content of all resources and training will be provided in English, translations are not available.
CHAT SERVICE
Where detailed on the site as a part of your purchase, you will have access to a private chat area to support you during your coaching. The exact software to be used will be detailed at the time of purchase, and is subject to change where business needs determine it to be beneficial.
The intention of this support is to provide additional contact after a session, to help you to process thoughts that may come up through coaching.
Your coach will respond to messages in these chats during working hours. There is no guarantee that they will be responded to immediately.
Please be advised that whilst we hope that you will be able to utilise the chat software, we make no guarantees as to the availability of the software. Therefore, always ensure that you make notes on or save copies of any information shared within them.
FEES & PAYMENT TERMS
The price for the Service is detailed at the checkout, and confirmed in your purchase email.
Where a split pay option is taken, you are expected to honour the payment arrangement and to fulfil all scheduled payments. Failure to pay an arranged payment will result in access to the Service being stopped with immediate effect, and only resumed upon payment being made and the account being brought fully up to date.
No additional time will be added on to the coaching package to compensate for access being stopped for missed payments. For example, the Signature Coaching Package allows you six months to use your ten sessions. If you fail to make payment and do not bring it up to date for a month you will not have the month added to the end of the six months.
There is also no obligation for sessions to be completed at short notice or in a short time frame should your account be frozen due to non payment, and no refund will be due in lieu of lost sessions in these circumstances. If you believe this will be the case please have a conversation with us.
We reserve the right to change the content and delivery of the services within the coaching packages and the associated price point at any time. You will be delivered the service agreed to at the time of purchase. Your package will not be changed to align with the new offers. However, if you wish to make a repeat purchase of a package you will be purchasing the newer offer. There is no obligation for us to offer you historical coaching packages.
Any discount codes, special offers, or discounts given are at our discretion.
REFUNDS & CANCELLATION
Personal Coaching Signature Package
You have the right to cancel and obtain a full refund within 7 days from the date of subscription, if you have not yet received any coaching. Refund requests should be made in writing to hello@terripugh.com within this 7 day period, and a full refund will be provided within 14 working days. This 14 days is to allow for payment processing times beyond our control.
There is no obligation on us to refund any amounts paid where cancellation requests are made following the 7 day cancellation period.
Should you wish to cancel outside of the 7 day cancellation period the amounts shown in the table below will be due by you.
Please note, should a refund be due to meet these amounts payable, any payment processing fees incurred will be deducted from the amount repaid.
Cancellation Made | Payable By You |
Less than 1 month | 25% of full package price, plus £100 per session held |
1-3 months | 50% of full package price, plus £100 per session held |
After 3 months | 100% of full package price |
Single Coaching Sessions
You have the right to cancel and obtain a full refund up to 24 hours prior to the time of the coaching session. Refund requests should be made in writing to hello@terripugh.com and a full refund will be provided within 14 working days. This 14 days is to allow for payment processing times beyond our control.
There is no obligation on us to refund any amounts paid where cancellation requests are made within 24 hours of the scheduled coaching session appointment time.
Should you wish to cancel within this 24 hour window the session will be forfeited and no refund will be due. There is no obligation for us to provide a session at a later date in lieu of the lost session fee.
COMPLAINTS
It is our aim that you will be completely happy with the coaching and that you continue to make progress in improving your situations that we discuss in coaching sessions. Should you have any feedback please feel free to share it with us as we are always striving to ensure that we provide you with the highest level of service.
However, we appreciate that there may come a time when you wish to raise an issue. You may do this at any time in writing or in verbal conversation.
If you have a formal complaint about the service this should be made in writing in the first instance to Terri Pugh at hello@terripugh.com.
CONTACT & SCHEDULE
It is the intention that if you are able to purchase coaching options immediately and without the need to join a waitlist that there will be adequate time available for you to book your coaching sessions. Booking links will give access to our booking calendar for you to choose the best availability for you.
If you are in any doubt as to whether the timings will be suitable for you it is imperative that you discuss this with your coach before purchasing your coaching package. In purchasing it is assumed that you are happy with the coaches’ availability.
The exceptions to standard working hours will be the following:
- Christmas – there will be a maximum 3 week break for the Christmas holiday.
- Bank holidays – no sessions will take place on a scheduled UK bank holiday.
- Terri Pugh leave – Terri is entitled to take 6 weeks personal leave through the calendar year, in addition to the holidays noted above. Support will not take place in these weeks.
- Should an unforeseen reason arise which causes a session(s) to be postponed it will be rearranged as soon as possible.
Please note and be understanding of the fact that Terri Pugh operates as a sole business owner and from time to time it is reasonable that time may be taken for illness and/or other unforeseen personal circumstances.
Throughout your coaching package we will be available by the methods set out in your welcome guide, which also includes our working hours. We endeavour to reply to messages within one working day.
You may see us post on social media outside of our core hours. Not all of these posts are live and some will be pre-scheduled.
We are passionate about supporting everyone that we work with and where we can we may respond to you out of hours, but we make no guarantees that this will be possible.
DISCLAIMERS
We make no guarantees or claims as to the success of any coachee. The aim is that coaching will provide tools and guidance which the individual may then choose to apply to their situation as they see fit.
We are not responsible for any action or inaction which you take as a result of the conversations within your coaching sessions.
We also ask that you acknowledge that coaching is not intended to be a quick fix solution. While there may be instant results this is not guaranteed. There is almost certainly work required by yourself over a longer period in order to make these improvements.
As far as possible, the live sessions will be held in Google Meet calls. From time-to-time technology may fail. In the instance that the session can not continue due to technical issues the time remaining will be credited back to your package and you will be able to use this time at a later date. For the avoidance of doubt, this applies only where technology provided by Terri Pugh fails. For example, if the meeting software fails, or if our devices fail. Where the issue is deemed to be on your part, for example your phone signal is weak or your laptop cannot connect, no time will be due back to you. It is your responsibility to check that you have adequate connectivity and your devices function properly.
No content in your coaching should be construed as medical advice, whether mental or physical. If you believe that you require medical or psychological attention and support you should seek assistance from a suitable professional immediately.
Coaching around eating behaviours and body image is not suitable for those with diagnosable or recognised eating disorders, especially where a treatment plan is recommended or in place. If you are unsure as to whether coaching is suitable for you please contact us.
LIMITATION OF LIABILITY & INDEMNIFICATION
To the fullest extent permitted by applicable laws, we limit liability and responsibility for any harm resulting from your use of all or any part of the coaching provided. We shall not be liable to you for any damages, including lost profits, whether such claim is based on warranty, contract, tort or otherwise (even if we have been advised in advance of the possibility of such damages).
If we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your coaching, our liability shall in no event exceed the total of any fees with respect to the coaching received by us from you, during the 6 months preceding the date on which the claim arose.
Nothing in these Terms shall limit or exclude our liability in respect to fraudulent misrepresentation, death, or personal injury, resulting from our negligence, or any other liability which cannot be limited or excluded by law.
You agree to indemnify, defend and hold us, our subcontractors and employees, harmless from any claim or demand, including solicitors’ fees, made by a third party due to or arising out of your breach of these terms, or your violation of any law or the rights of a third party.
PRIVACY & CONFIDENTIALITY
Your privacy and protection of your personal data is important to us. You are responsible for ensuring that your contact details are accurate and up-to-date, at the time of purchase, and on an on-going basis thereafter.
Your personal data is protected as set out in our privacy policy which can be found at www.terripugh.com/policies/privacy. By providing your personal data you agree to the terms of our privacy policy.
Please be aware that some coaching sessions may be recorded and your name and image/video may be captured for quality and training purposes. You will always be notified of this before your session begins. Any information shared within these sessions about yourself or your business is done so at your discretion. Should you not wish to be recorded please tell the coach at the earliest opportunity.
INTELLECTUAL PROPERTY
During your time as a coachee you may be provided with a variety of resources. At all times the intellectual property rights and copyrights connected with those materials remain with us. You have the right to use the materials as learning tools but you are not permitted to duplicate, republish, reproduce, distribute, translate or provide copies to third parties. We retain and reserve all of our copyrights.
NON-COMPETE
You agree that whilst in coaching, and for a period of 12 months following termination or cancellation of your coaching, you shall not use the confidential information revealed to you for any commercial purpose. You also agree not to become involved in any capacity with any business concern which is in, or tends to be in, direct competition with us.
WAIVER
In the event that we fail to insist upon your strict performance of any obligations under these Terms, or we fail to exercise any rights or remedies to which we are entitled, this will not constitute a waiver of any such rights and / or remedies available to us.
ERRORS & INACCURACIES
We endeavour to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
There may be information within our Site which contains typographical errors, inaccuracies or omissions relating to the service delivery, pricing or promotion of coaching services. We reserve the right to correct or amend any errors without prior notice.
JURISDICTION
These Terms are governed by the laws of England & Wales. The English Courts have exclusive jurisdiction over any matter and proceedings arising out of the Membership.
GENERAL
We intend to rely on the written Terms set out in Terms and Conditions for the services that we provide to you in delivery of coaching services. These written Terms shall constitute the entire agreement between us.
Should there be any conflict between these Terms and any coaching hosting platform or payment gateway, these Terms shall prevail.
If any provision within these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
No provision within these Terms shall be enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.