terms and conditions


Purchase Terms | Service Agreement

PARTIES

This writing outlines the intended legal relationship between between Beyond the Breath Business  (the “Business”) and you (the “CLIENT”). The writing (the “AGREEMENT”) is intended to govern and control your purchase of any products or services (“PROGRAMS”) from the BUSINESS.

The BUSINESS and the CLIENT are the intended parties (the “PARTIES”) to this AGREEMENT.

ACCEPTING THESE TERMS

As the CLIENT, you are entering into a legally binding agreement with the BUSINESS, according to the following terms and conditions, when you do any of the following:

  • Click “I Agree”

  • Email your statement of agreement

  • Enter your credit/debit card or paypal/stripe information

  • Sign this agreement on this page, or reverse

  • Enroll electronically in the PROGRAM

  • Enroll verbally, or otherwise, in the PROGRAM

With this acceptance, the PARTIES agree that any individual, associate, and or assign are bound by the terms of this AGREEMENT. 

BUSINESS’S SERVICES

This AGREEMENT is executed and valid, when CLIENT accepts these terms (electronically, verbally, written, and or otherwise).

The terms of this AGREEMENT are binding on any additional goods and or services supplied by BUSINESS to CLIENT.

PARTIES agree that the PROGRAM is in the nature of supporting your business

The scope of services provided by BUSINESS according to this AGREEMENT are limited to those listed on BUSINESS’s website, or as part of the PROGRAM. BUSINESS reserves the right to substitute services equal to or comparable to the PROGRAM for the CLIENT if the need arises, without prior notice.

CONFIDENTIALITY

The term “Confidential Information” means INFORMATION WHICH IS NOT GENERALLY KNOWN TO THE PUBLIC RELATING TO THE CLIENT’S BUSINESS OR PERSONAL AFFAIRS.

BUSINESS agrees not to disclose, reveal, or make use of any Confidential Information learned of through its transactions with CLIENT during discussions and interactions with CLIENT, or otherwise, without the written consent of CLIENT.

BUSINESS shall keep the Confidential Information of the CLIENT in strictest confidence and shall use its best efforts to safeguard the CLIENT’s Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.

The BUSINESS’S privacy policy, terms of use, disclaimers, and disclosures also apply to how BUSINESS collects, uses, stores, and who has access to any personally identifiable information supplied by the CLIENT due to its enrolment in the PROGRAM.

NO TRANSFER OF INTELLECTUAL PROPERTY

BUSINESS’s copyrighted and original materials are provided to the CLIENT for his or her INDIVIDUAL USE ONLY and under a limited single-user license.

CLIENT is not authorised to use any of BUSINESS’s intellectual property, trademarks and or copyrights, for any purpose. CLIENT is not authorised to share, copy, distribute, or otherwise disseminate any materials received from BUSINESS electronically, or otherwise without the prior written consent of the BUSINESS.

BUSINESS agrees and allows CLIENT to make one (1) printed physical copy of the provided materials for CLIENT’s personal use.

ALL INTELLECTUAL PROPERTY, INCLUDING BUSINESS’S COPYRIGHTED COURSE MATERIALS SHALL REMAIN THE SOLE PROPERTY OF THE BUSINESS. NO LICENSE TO SELL OR DISTRIBUTE BUSINESS’S MATERIALS IS GRANTED OR IMPLIED.

PROGRAM RULES

To the extent that CLIENT interacts with BUSINESS staff and or other clients, CLIENT agrees to behave professionally, courteously, and respectfully with staff and clients at all times. CLIENT agrees that failing to follow course rules is cause for termination of this AGREEMENT. In the event of such a termination, CLIENT is not entitled to recoup any amounts paid and remains responsible for all outstanding amounts of the Fee.

DISPARAGEMENT

In the event that a dispute arises between the PARTIES or a grievance by CLIENT, the PARTIES agree and accept that the only venue for resolving such a dispute is the venue identified below. PARTIES further agree that they will not engage in any conduct or communications public or private, designed to disparage the other. Such an act constitutes a breach of this AGREEMENT.

USE OF PROGRAM MATERIALS

  • By accepting this AGREEMENT, CLIENT consents to recordings being made of the PROGRAM.

  • BUSINESS reserves the right to use, at its sole discretion, the following: PROGRAM materials, videos, audio recordings, and materials submitted by CLIENT (in the context of the PROGRAM); for future lecture, teaching, and marketing materials, and further other goods/services provided by BUSINESS, without compensation to the CLIENT.

  • CLIENT consents to its name, voice, and likeness being used by BUSINESS for future lecture, teaching, and marketing materials, and further other goods/services provided by BUSINESS, without compensation to the CLIENT.

NO RESALE OF SERVICES PERMITTED

CLIENT agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the PROGRAM including materials, use of the PROGRAM, or access to the PROGRAM. This AGREEMENT is not transferable or assignable without the BUSINESS’s prior written consent.

TERMINATION

If CLIENT is (1) behind in payment, or (2) otherwise in default of this AGREEMENT, then full payment is immediately due and CLIENT is barred from using any of BUSINESS’s services. BUSINESS is allowed to immediately collect all Fees from CLIENT and stop providing further services to CLIENT.

PAYMENT

CLIENT agrees to pay BUSINESS the stated fee (the “FEE”) according to the payment terms:

  • As outlined on BUSINESS’s website,

  • Provided through email,

  • According to the Payment Schedule and the payment plan selected by CLIENT (the “FEE”), or

  • As otherwise noted in this AGREEMENT.

 The price of the product will be the price indicated on the website when you placed your order.

A non-refundable deposit is required at the time of placing an order.

The amount of non-refundable deposit payable will be listed on the website.

The balance due is payable no less than seven days prior to the start date of the product. In the event that the balance is not paid within seven days of the start date your place will be forfeited.

If the product is booked with less than seven days remaining prior to the start date we will require the full amount to be paid at the time of booking.

Your rights to make changes

If you wish to make a change to the booking please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.

Our rights to make changes

 We may change the booking:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the services; and

(c) to make a slight change to any timings.

In addition, as we informed you in the description of the product on our website, we may make the following changes to these terms but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund:

(a) change of venue;

(b) change of dates

We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.

We shall provide such instructors as we in our sole discretion deem fit and we shall be entitled at any time to substitute any instructor with any other person who in our sole discretion we deem suitably qualified.

REFUNDS

Upon execution of this AGREEMENT, CLIENT is responsible for the full Fee. If CLIENT decides to cancel, not participate, or changes his or her mind, the BUSINESS DOES NOT PROVIDE ANY REFUND FOR ANY REASON TO THE CLIENT.

CHARGEBACKS & PAYMENT SECURITY

To the extent that CLIENT provides BUSINESS with credit card(s) information for payment of Fee on CLIENT’s account, BUSINESS is authorised to charge CLIENT’s credit card(s)for any unpaid charges on the dates agreed to in the Payment Schedule.

CLIENT shall not make any chargebacks to BUSINESS’s account or cancel the credit card that is provided as security without BUSINESS’s prior written consent. CLIENT is responsible for any fees associated with recouping payment and collection fees associated with the chargeback. CLIENT shall not change any of the credit card information provided to the BUSINESS without notifying BUSINESS in advance.

CONTROLLING AGREEMENT

In the event of any conflict between the provisions contained in this AGREEMENT, any marketing materials used by BUSINESS, BUSINESS’s representatives, or employees, the provisions in this AGREEMENT control.

ENTIRE AGREEMENT

This AGREEMENT is the entire AGREEMENT between the PARTIES relating to the subject matter and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. Modification to this AGREEMENT is by a writing signed by both PARTIES.

LIMITATION OF LIABILITY

By using BUSINESS’s services and enrolling in the PROGRAM, CLIENT releases BUSINESS, its officers, employees, directors, and related entities from any and all damages that may result from his or participation in the PROGRAM. The PROGRAM provides business support and guidance]. CLIENT accepts any and all risks, foreseeable or non-foreseeable arising from the PROGRAM.

Regardless of the previous paragraph, if BUSINESS is found to be liable, BUSINESS’s liability to CLIENT or to any third party is limited to the total amount of money CLIENT paid to BUSINESS in the one month prior to the action giving rise to the liability

All claims against the BUSINESS must be filed with the entity having jurisdiction within 90 days of the date of the first claim or otherwise be forfeited forever. CLIENT agrees that BUSINESS will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of BUSINESS’s services or enrolment in the PROGRAM.

CLIENT agrees that use of BUSINESS’s services is at CLIENT’s own risk.

INDEMNIFICATION

BUSINESS recognises and agrees that all of the BUSINESS’s shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions, or representations of the BUSINESS.

CLIENT shall defend, indemnify (insure and protect), and hold harmless the BUSINESS, BUSINESS’s shareholders, trustees, affiliates, and successors from and against all liabilities and expenses that they may incur or be obligated to pay because of their relationship with the PROGRAM.

These include (without limitation): claims, damages, judgements, awards, settlements, investigations, legal actions, regulatory actions, costs, attorneys fees, disbursements, or the like that occur from or are related to this AGREEMENT.  

Any expenses or liabilities that result from a breach of this AGREEMENT, sole negligence, or wilful misconduct by the BUSINESS, BUSINESS’s shareholders, Trustees, Affiliates, or Successors are excluded from indemnification.

DISCLAIMER OF GUARANTEE

CLIENT ACCEPTS AND AGREES THAT HE, SHE OR THEY IS 100% RESPONSIBLE FOR HIS, HER OR THEIR PROGRESS AND RESULTS FROM THE PROGRAM. CLIENT ACCEPTS AND AGREES THAT HE, SHE OR THEIR IS THE ONE VITAL ELEMENT TO THE PROGRAM’S SUCCESS AND THAT BUSINESS CANNOT CONTROL CLIENT.

BUSINESS makes no representations or guarantees verbally or in writing regarding performance of this AGREEMENT other than those specifically stated. BUSINESS and its affiliates disclaim the implied warranties of titles, merchant-ability and fitness for a particular purpose. BUSINESS makes no guarantee or warranty that the PROGRAM will meet CLIENT’s requirements or that all CLIENTs will achieve the same results.

CHOICE OF LAW/VENUE

This AGREEMENT is governed and interpreted in accordance with the laws of the England, Scotland and Wales without giving effect to any principles of conflicts of law.

The PARTIES agree to submit any dispute or controversy arising out of, or relating to this AGREEMENT to arbitration in England, Scotland and Wales according to the rules of English Law.. The arbitration is binding upon the PARTIES and their successors in interest. The prevailing party may collect all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this AGREEMENT.

SURVIVABILITY

The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of Fees owed set forth in this AGREEMENT, and any other provisions that by their sense and context the PARTIES intend to have survive, shall survive the termination of this AGREEMENT for any reason.

SEVERABILITY

If any of the parts or provisions contained in this AGREEMENT are interpreted as invalid or unenforceable only that part or provision is affected. The invalidity or unenforceability does not affect the other parts or provisions of the AGREEMENT.