Last modified: 20th August 2026
Effective: 20th August 2026
1. THESE TERMS
1.1. What these terms cover. These are the terms and conditions (“Coaching Agreement”) on which The Service Provider supply the Service Provider’s services to The Client.
1.2. Why The Client should read them. Please read these terms carefully before The Client submit The Client’s order to the Service Provider. These terms tell The Client who The Service Provider are, how The Service Provider will provide the Service Provider’s services to The Client, how The Client and The Service Provider may change or end the Coaching Agreement, what to do if there is a problem and other important information. If The Client think that there is a mistake in these terms or require any changes, please contact the Service Provider to discuss.
1.3. These terms may change. The Service Provider may review, amend and update these terms from time to time. The Client should review these terms before The Client place a new order. These terms were last updated on 20th August 2026.
2. DEFINITIONS AND INTERPRETATION
2.1. “Service Provider”, “Us” and “Our” means Nick Hatter Ltd, a company registered in England and Wales. It does not refer to its Directors, Service Providers, Staff, Contractors, Accountants or Agents personally in any way, but refers to Nick Hatter Ltd, a limited liability company.
2.2. “Coaching Session” means a conversation taking place between the Client and Service Provider in person, and/or via the telephone, voice-over-IP, video conferencing and/or instant messenger, and will last for a minimum of 50 minutes (unless otherwise agreed by the Parties), with up to 10 minutes to wind up the conversation and agree next actions until the next Coaching Session (where applicable).
2.3. “Services” means the Coaching Sessions the Service Provider will provide to the Client primarily via face-to-face in-person meetings, phone calls, voice-over-IP services (such as Skype or WhatsApp) or instant messenger, which comprises various forms of coaching and where applicable, psychotherapy and counselling.
2.4. “Term” means the period of time this Coaching Agreement will last and will begin on the date set out at the beginning of the Coaching Agreement and will continue indefinitely until terminated.
2.5. “Fee” and “Agreed Fee” means the consideration The Client supply the Service Provider in return for the Services which, unless otherwise agreed, the Client will pay to the Service Provider in full an Agreed Fee per Coaching Session on the terms set out in Clause 11 of the Agreement. In consideration of the Services, an Agreed Fee between the Parties is a fee in writing in which both parties agree is a fair price for the Services to be rendered. This will be provided by the Service Provider in writing in advance of the Client receiving the Services.
2.6. “Booked Coaching Session” means a Coaching Session is scheduled in the Service Provider’s calendar as agreed with the Client (verbally or written) by way of the Calendly booking system, Google Calendar invite, or in writing.
2.7. “Parties” means both the Service Provider and the Client collectively.
2.8. “Client”, “You” and “Your” means you, the person receiving and/or paying for the Services. In the case of a person who is under the age of 18 years old to receive the Services, the Parent or Legal Guardian of that person.
2.9. “Agreed Time Frame” means an agreed length of time in writing that the Services will be delivered by the Service Provider to the Client. Thereafter, the Services will be deemed delivered and finished regardless of whether or not all sessions have been used.
2.10. “Cooling-Off Period” means the legal right under consumer protection legislation and regulation The Client have for most services bought online to change The Client’s mind within 14 days and receive a full refund for services paid for but not used.
2.11. “Service Provider’s Supervisor” means another coach or psychology professional that provides supervision to the Service Provider in respect of the Services that the Service Provider delivers to clients.
2.12. “Order Form” means an email sent to The Client from the Service Provider regarding payment of the Services, or an electronic form that facilitates the payment of the Services.
2.13. “Session Allowance” means how many coaching sessions The Client are entitled to receive in respect of the Services paid for.
2.14. “Beneficiary” means another person actually receiving the Services that the Client is paying for and/or arranging the Services for (if applicable), such as, but not limited to, a child, a relative, an employee, a partner, a girlfriend, a boyfriend, a friend, a spouse, and so forth.
2.15. “Writing” includes emails. When The Service Provider use the words “writing” or “written” in this Coaching Agreement, this includes emails.
3. ACCEPTING THE COACHING AGREEMENT
3.1. How The Service Provider will accept The Client’s order. The Service Provider’s acceptance of The Client’s order will take place when The Service Provider email The Client to accept it, at which point a contract (i.e. the Coaching Agreement) will come into existence between The Client and the Service Provider.
3.2. If The Service Provider cannot accept The Client’s order. If The Service Provider are unable to accept The Client’s order, The Service Provider will inform The Client of this in writing and will not charge The Client for the order. This may be because of unexpected limits on the Service Provider’s resources which The Service Provider could not reasonably plan for, because The Service Provider have identified an error in the price or description of the service or because The Service Provider are unable to meet a deadline The Client have specified.
3.3. The Service Provider’s services will be deemed as being delivered from the UK. The Client may purchase Coaching Sessions internationally as long as The Client hereby agree that the services are provided from and marketed from the UK.
4. YOUR RIGHTS TO MAKE CHANGES
4.1. If The Client wish to make a change to the Services The Client have ordered, The Client should contact the Service Provider and The Service Provider will let The Client know if the change is possible. If it is possible, The Service Provider will let The Client know about any changes to the price of the services, the timing of supply or anything else which would be necessary as a result of The Client’s requested change and ask The Client to confirm whether The Client wish to go ahead with the change. If The Service Provider cannot make the change or the consequences of making the change are unacceptable to The Client, The Client may want to end the Coaching Agreement (see Clause 7).
5. OUR RIGHTS TO MAKE CHANGES
5.1. Minor changes to the Services. The Service Provider may change the Services:
- (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.
5.2. More significant changes to the services and this Coaching Agreement. In addition, as The Service Provider informed The Client in the description of the Services on the Service Provider’s website, The Service Provider may make the more significant changes to this Coaching Agreement or the Services, but if The Service Provider do so The Service Provider will notify The Client and The Client may then contact the Service Provider to end the Coaching Agreement before the changes take effect.
6. PROVIDING THE SERVICES
6.1. The Service Provider will begin the Services on the date set out in the order. The estimated completion date for the Services is as told to The Client during the order process.
6.2. The Service Provider will supply the Services to The Client until either the Services are completed, or the subscription expires (if applicable) or The Client end the Coaching Agreement or The Service Provider end the Coaching Agreement by written notice to The Client as described in Clause 7.
6.3. If the Service Provider’s supply of the Services is delayed by an event outside the Service Provider’s control, The Service Provider will contact The Client as soon as possible to let The Client know and The Service Provider will take steps to minimise the effect of the delay. Provided The Service Provider do this, The Service Provider will not be liable for delays caused by the event, but if there is a risk of substantial delay The Client may contact the Service Provider to end the Coaching Agreement and receive a refund for any Services The Client have paid for but not received.
6.4. If The Client do not allow the Service Provider access to The Client’s property to perform the Services as arranged (and The Client do not have a good reason for this) The Service Provider may charge The Client additional costs incurred by the Service Provider as a result.
6.5. If, despite the Service Provider’s reasonable efforts, The Service Provider are unable to contact The Client The Service Provider may end the Coaching Agreement.
6.6. The Service Provider may need certain information from The Client so that The Service Provider can supply the Services to The Client, for example, The Client’s name, date of birth, home address, email address and pre-existing medical conditions. If so, this will have been stated in the description of the Services on the Service Provider’s website. The Service Provider will contact The Client in writing to ask for this information. If The Client do not give the Service Provider this information within a reasonable time of the Service Provider asking for it, or if The Client give the Service Provider incomplete or incorrect information, The Service Provider may either end the Coaching Agreement or make an additional charge of a reasonable sum to compensate the Service Provider for any extra work that is required as a result. The Service Provider will not be responsible for supplying the Services late or not supplying any part of them if this is caused by The Client not giving the Service Provider the information The Service Provider need within a reasonable time of the Service Provider asking for it.
6.7. The Service Provider may have to suspend the supply of the Services to:
- (a) deal with technical problems or make minor technical changes;
- (b) update the Services to reflect changes in relevant laws and regulatory requirements;
- (c) make changes to the Services as requested by The Client or notified by the Service Provider to The Client.
6.8. The Service Provider will contact The Client in advance to tell The Client The Service Provider will be suspending supply of the services, unless the problem is urgent or an emergency. If The Service Provider have to suspend the services for longer than 14 days, The Service Provider will adjust the price so that The Client do not pay for services while they are suspended. The Client may contact the Service Provider to end the Coaching Agreement for a Service if The Service Provider suspend it.
6.9. The Service Provider may also suspend supply of the services if The Client do not pay. If The Client do not pay the Service Provider for the Services when The Client are supposed to and The Client still do not make payment within seven (7) days of the Service Provider reminding The Client that payment is due, The Service Provider may suspend supply of the Services until The Client have paid the Service Provider the outstanding amounts. The Service Provider will contact The Client to tell The Client The Service Provider are suspending supply of the Services. The Service Provider will not charge The Client for the services during the period for which they are suspended. As well as suspending the Services The Service Provider can also charge The Client interest on The Client’s overdue payments.
7. YOUR RIGHTS TO END THE COACHING AGREEMENT
7.1. The Client can always end The Client’s Coaching Agreement with the Service Provider. The Client’s rights when The Client end the Coaching Agreement will depend on:
- (a) If what The Client have bought is misdescribed then The Client may have a statutory legal right to end the Coaching Agreement;
- (b) If The Client want to end the Coaching Agreement because of something The Service Provider have done or have told The Client The Service Provider are going to do, subject to the specific reasons given in Clause 7.2;
- (c) If The Client have just changed The Client’s mind about the services, see Clause 7.3. The Client may be able to get a refund if The Client are within the Cooling-Off Period, but this will be subject to deductions at the sole discretion of the Service Provider; or
- (d) In all other cases (if The Service Provider are not at fault and there is no right to change The Client’s mind), see Clause 7.3.
7.2. Ending the Coaching Agreement because of something The Service Provider have done or are going to do. If The Client are ending a Coaching Agreement for a reason set out at (a) to (e) below the Coaching Agreement will end immediately and The Service Provider will refund The Client in full for any Services which have not been provided and The Client may also be entitled to compensation. The reasons are:
- (a) The Service Provider have told The Client about an upcoming change to the Services or the Coaching Agreement which The Client do not agree to;
- (b) The Service Provider have told The Client about an error in the price or description of the Services The Client have ordered, and The Client do not wish to proceed;
- (c) The Service Provider have told The Client that there is a risk that supply of the Services may be significantly delayed because of events outside the Service Provider’s control (said risk being solely determined by the Service Provider);
- (d) The Service Provider have suspended supply of the Services for technical reasons, or notify The Client The Service Provider are going to suspend them for technical reasons, in each case for a period of more than fourteen (14) days; or
- (e) The Client have a legal right to end the Coaching Agreement because of something The Service Provider have done wrong solely determined by a judge in a court of law or by an arbitrator in arbitration proceedings.
7.3. Exercising The Client’s right to change The Client’s mind (Consumer Agreements Regulations 2013). For most services bought online The Client have a legal right to change The Client’s mind within 14 days and receive a full refund for services paid for but not used, which is termed a “Cooling-Off Period”. If The Client ask the Service Provider to commence the Services within the Cooling-Off Period, The Client will lose The Client’s right to a full refund if The Client then ask the Service Provider to stop providing the Services. In this case, The Service Provider will deduct for the Services The Client have provided before making a refund.
8. KEY TERMS OF THE COACHING AGREEMENT
8.1. The Fees are payable in full in advance of Coaching Sessions unless otherwise agreed.
8.2. The Fees are non-refundable once the Cooling-Off Period has expired.
8.3. The Client will provide the Service Provider 48 hours’ notice to reschedule or cancel a booked Coaching Session or The Client will be charged for the Coaching Session and the Coaching Session will still be taken out of The Client’s Session Allowance.
8.4. The Client understand that the Services are not a replacement for medical treatment.
8.5. The Client may stop the Services at any time (in which case, no refund will be provided unless within the Cooling-Off Period).
8.6. The results of the Service vary between customers and The Service Provider do not guarantee, warrant nor represent that the Services will achieve any specific result for The Client or the Beneficiary.
8.7. The Client represent and warrant that The Client or the Beneficiary receiving the Services, are psychologically, mentally and physically well enough to receive the Services, and that The Client will hold the Service Provider and its directors, agents, partners, secretaries, accountants and associates completely harmless (to the maximum extent permitted by law) in the event of any medical or psychological conditions being triggered or made worse, or any loss or damage to any kind of personal relationship, as a result of The Client, The Client’s child and/or the Beneficiary receiving the Services.
8.8. By agreeing to these terms in writing such as via email or by ticking the box marked “I have read the Coaching Agreement and agree to the terms and conditions” and clicking the “Schedule Event” or “submit” button, The Client agree to be bound by the terms of this Coaching Agreement. By accepting a coaching session with the Service Provider, The Client also agree to be bound to the terms of this Coaching Agreement. If The Client do not agree to the terms of this Coaching Agreement, The Client will immediately cease usage of the Services and this website.
8.9. The Client represent and warrant that The Client are at least 18 years of age, and that The Client have legal authority to agree to this Coaching Agreement.
8.10. The Client represent and warrant that The Client/the Beneficiary are psychologically well enough to receive the Services and will not hold the Service Provider liable for any pre-existing medical or psychological health problems, and The Client/the Beneficiary hereby receive the Services solely at The Client’s own risk.
8.11. Any session allowance must be used within 180 days (6 months) of the date the Services have been ordered (unless stated in writing), otherwise The Client agree to forfeit The Client’s right to these remaining sessions. For 6-month packages, The Client’s session allowance may be used within 365 days, and for 1-year packages, The Client’s session allowance may be used within 547 days.
8.12. Service Provider will solely and ultimately determine the Client’s and/or the Beneficiary’s session allowance based on how much money has been paid by the Client to the Service Provider and based on the Service Provider’s own records of booked or scheduled coaching session dates and times, and any discretionary session allowance additions or deductions in accordance with this Agreement.
9. THE TERM
9.1. The Client engages the Service Provider to provide the Services in accordance with this Coaching Agreement.
9.2. This Coaching Agreement will commence on the date of the first Order Form and will continue until terminated by the parties or in accordance with another provision of this Agreement.
10. SERVICE PROVIDER’S RESPONSIBILITIES
10.1. During this Coaching Agreement, the Service Provider will:
- (a) provide the Services carefully and skillfully as best he can and do his best to promote the Client’s interests;
- (b) provide the Services unless prevented by illness or injury;
- (c) tell the Client as soon as he reasonably can if he is unable to provide the Services because of illness or injury and in any event.
11. FEES
11.1. The Client will pay the Service Provider the Fee together with any applicable Value Added Tax (“VAT”) and any applicable taxes, charges, currency conversion or transfer fees that apply, in advance of a Coaching Session.
11.2. Payment of fees by the Client will not affect any of the Client’s claims or rights against the Service Provider if he does not provide the Services in accordance with this Coaching Agreement.
11.3. Any fees paid by the Client to the Service Provider are strictly non-refundable (with exception to statutory consumer rights and laws).
12. EXPENSES
12.1. The Parties will be solely responsible for their own expenses, which includes telephone, Internet and postage fees, transfer fees and any applicable taxes.
13. PRIVACY AND CONFIDENTIAL INFORMATION
13.1. Service Provider will keep any information shared by the Client confidential unless:
- (a) the provision of the Services makes it necessary for the Service Provider to disclose the confidential information to someone in order that they can help the Service Provider to fulfil the Services (such as to third-party services including but not limited to Calendly scheduling services, email services, banking and finance services);
- (b) the Client approves its disclosure in writing before the disclosure;
- (c) a court order or lawful warrant requires it to be disclosed;
- (d) the information is already public and known by others (but not because the Service Provider told them);
- (e) the Client reveals information that would indicate they are at serious risk of harming themselves or others, or harming a child, or being seriously harmed by others, in which case the Service Provider may contact health care, social services or emergency services to intervene;
- (f) the Client reveals information that they have committed a serious criminal offence (such as but not limited to murder, manslaughter, rape, robbery, sexual assault, treason, terrorism, kidnapping, child abuse, money laundering, wire fraud, or other cases where individuals or companies have suffered serious harm), in which case the Service Provider may contact law enforcement (and social services where applicable) without notifying the Client as there may be a legal obligation and regulatory requirement for the Service Provider to do so;
- (g) the Service Provider, based on their professional judgement and opinion, believes that the Client is at risk of serious-harm, injury, suicide or homicide, based on what the Client has shared, in which case, the Service Provider may contact law enforcement, emergency services, social services and/or mental health services, as well as any emergency contacts provided by the Client;
- (h) the Client repeatedly does not attend Coaching Sessions and does not reply to correspondence from the Service Provider, in which case, the Service Provider may contact law enforcement, emergency services, social services and/or mental health services, as well as any emergency contacts provided by the Client, in order to conduct welfare checks on the Client;
- (i) the Service Provider needs to discuss in confidence with the Service Provider’s Supervisor any Services rendered to the Client in order that the Service Provider can fulfil the Services skillfully in accordance with Clause 10.1(a); or
- (j) the Service Provider or its directors, secretaries, employees, subcontractors, agents or supervisors needs to defend against one or more claims or resolve a dispute arising from the Services provided for the Client and/or Beneficiary and needs to disclose confidential information shared by the Client and/or Beneficiary to a court of law, a judge, an insurer, a coroner, a solicitor, a barrister, an arbitrator or participants in an arbitration hearing, or any other individual or organisation in order to defend against such claims or resolve such a dispute.
13.2. The Client agrees that the Service Provider may use and share an anonymised version of Confidential Information provided by the Client during the course of the Services for the purpose of case studies, discussion with a supervisor, success stories, marketing, client acquisition and sales, so long as the Client’s name and identity is not disclosed.
13.3. Service Provider may not disclose the full name of the Client unless the Client authorises the Service Provider to do so in writing or leaves a public review on the Service Provider’s website or related social media websites.
13.4. Service Provider is not currently required to be registered with the Information Commissioner’s Office (ICO) who deem that the Service Provider is only processing personal data for core business purposes and therefore do not have to pay a fee to the ICO, although this may change at any time and without prior notice.
14. INTELLECTUAL PROPERTY
14.1. The Parties will retain any intellectual property created by them unless otherwise agreed in writing. Nothing in this Coaching Agreement will grant ownership to either Party’s intellectual property, with exception to Clause 14.2.
14.2. If any recordings (video, audio, or otherwise) are made by the Client and/or Service Provider of a Coaching Session or initial consultation (whether covert or overt), the Service Provider will become the sole owner of all and any intellectual property rights and moral rights of such recordings and the Client will irrevocably transfer any and all such rights to the Service Provider immediately and the Client will not release, publish, share, copy, transfer, upload or broadcast such recordings to any third party without prior express written permission from the Service Provider.
14.3. If Clause 14.2 is breached by the Client, the Client will indemnify the Service Provider for any damage or loss to the Service Provider’s reputation or goodwill, and any subsequent damages caused by or related to such breach.
14.4. As Coaching Sessions are private and confidential, if any recordings (video, audio, or otherwise) are made by the Client of a Coaching Session or initial consultation without prior express written permission from the Service Provider, this will be deemed to be an act of bad faith, and as such, the Client will forfeit the right to use any remaining Session Allowance and the Service Provider may terminate the relationship in accordance with Clauses 15 and 16.
15. ENDING THIS COACHING AGREEMENT
15.1. The Parties may end this Agreement by sending notice in writing to the other Party.
15.2. Service Provider reserves the right to terminate the relationship immediately with no further obligation to provide the Services if they are the victim of any physical assault, verbal abuse, or any criminal offence (under the laws of England and Wales), committed by the Client.
15.3. Service Provider reserves the right to terminate the relationship if the Client repeatedly books sessions with the Service Provider and does not attend them, or repeatedly cancels with less than 48 hours’ notice before the Booked Coaching Sessions.
16. RESPONSIBILITIES UPON TERMINATION
16.1. On termination of this Coaching Agreement the Service Provider will uphold Clauses 11.1 to 11.3.
16.2. Even after this Coaching Agreement is terminated, any fees paid to the Service Provider by the Client will remain non-refundable (unless otherwise mandated by statutory laws).
17. CLIENT’S RESPONSIBILITIES
17.1. The Client assumes all and sole responsibility for their actions, decisions and choices reached during and after Coaching Sessions with the Service Provider.
17.2. The Client agrees and understands that coaching is a relationship they have with the Service Provider and is designed to facilitate the development of personal and professional goals and develop a plan/strategy for achieving those goals.
17.3. The Client agrees and understands that ‘coaching’ is a comprehensive process, which may involve all areas of their life including work, family, health, relationships, education, recreation and spirituality, and the Client acknowledges that deciding how they manage these areas of their life is their sole responsibility.
17.4. The Client agrees and understands that coaching and the Services provided by the Service Provider are not a substitute for medical treatment, medical advice or attention, legal advice and/or financial advice, and the Client will seek professional advice or help if necessary.
17.5. The Client agrees and understands that anything that the Service Provider says (written or otherwise) will not be interpreted by the Client as medical, legal or financial advice.
17.6. The Client agrees to hold the Service Provider (and any companies he participates in including their agents, secretaries and partners) harmless for any actions, decisions and choices reached by the Client during and after Coaching Sessions with the Service Provider.
17.7. The Client will contact emergency services or health care services if in need of medical attention, such as (but not limited to) suicidal urges or thoughts, severe depression or anxiety, or any medical conditions, and the Client agrees that the Service Provider is not responsible for diagnosing, treating or triggering medical conditions.
17.8. The Client will consult a qualified medical doctor, such as a general practitioner before making any changes to their diet, sleep, exercise, or any other changes to lifestyle that would reasonably require the consultation of a medical professional.
17.9. The Client will provide at least 48 hours’ notice to the Service Provider to cancel or reschedule a Booked Coaching Session, and the Client agrees that they forfeit their right to receiving a Coaching Session if they do not cancel within this timeframe, or if they do not show up to the Booked Coaching Session, and the Client agrees that the Service Provider may charge for non-attendance of a Booked Coaching Session.
17.10. The Client will use reasonable endeavours to turn up to Booked Coaching Sessions promptly on time, and the Client agrees that they will not be entitled to additional coaching time beyond the Booked Coaching Session if they are late.
17.11. The Client understands and agrees that results from the Services may vary and are also contingent on the Client showing up to Coaching Sessions with an honest, open and willing attitude, and also dependent on the Client completing any set growth actions after Coaching Sessions.
17.12. The Client, if receiving the Services, agrees not to engage in any kind of self-harm during or after receiving the Services, and if they or the Beneficiary (if applicable) do, then the Client will not hold the Service Provider responsible in any way, and except for where it would be unlawful to do so, will hold the Service Provider and its directors, secretaries, accountants, shareholders, agents, affiliates, employees and subcontractors completely harmless for their own or the Beneficiary’s own actions or inaction.
17.13. If the Client is paying for and/or arranging for a Beneficiary to receive the Services, then, except for where it would be unlawful to do so, the Client will hold the Service Provider and its directors, secretaries, accountants, shareholders, agents, affiliates, employees and subcontractors completely harmless for any actions (or a lack thereof) that the Beneficiary carries (or does not carry) out, or for any underperformance or lack of desired progress from said Beneficiary, during or after the Beneficiary has received the Services from the Service Provider.
18. LIABILITY – PLEASE READ THIS SECTION CAREFULLY
18.1. The Service Provider are responsible to The Client for foreseeable loss and damage caused by the Service Provider. If The Service Provider fail to comply with this Coaching Agreement, The Service Provider are responsible for loss or damage The Client suffer that is a foreseeable result of the Service Provider’s breaking this Coaching Agreement or the Service Provider’s failing to use reasonable care and skill, but The Service Provider are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Coaching Agreement was made, both The Service Provider and The Client knew it might happen, for example, if The Client discussed it with the Service Provider during the sales process.
18.2. The Service Provider do not exclude or limit in any way the Service Provider’s liability to The Client where it would be unlawful to do so. This includes liability for death or personal injury caused by the Service Provider’s negligence or the negligence of the Service Provider’s employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of The Client’s legal rights in relation to the Services, including the right to receive services which are: as described and match information The Service Provider provided to The Client; of satisfactory quality; fit for any particular purpose made known to the Service Provider; supplied with reasonable skill and care.
18.3. The Service Provider are not liable for business losses. The Service Provider only supply the Services for domestic and private use. If The Client use the Services for any commercial, business or re-sale purpose The Service Provider will have no liability to The Client for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.4. The Client agrees to hold the Service Provider and its directors, agents, partners, secretaries, accountants and associates completely harmless in the event of:
- (a) any medical or psychological conditions being triggered or made worse as a result of receiving the Services;
- (b) any inadvertent breach of confidentiality (in which case, the Client will put in writing where they believe confidentiality has been breached);
- (c) any breach of confidentiality caused by human error, computer misuse, hacking, viruses, trojans, phishing, social engineering, or disclosure under duress; and
- (d) the Services not meeting the Client’s expectations.
19. STATUS
19.1. The relationship between the Client and the Service Provider will be that of “independent contractor”.
19.2. Service Provider is not the Client’s employee, worker, agent or partner.
19.3. Service Provider will be fully responsible for all his own tax including any Income Tax and National Insurance Contributions arising from providing the Services.
19.4. Nothing in this Coaching Agreement will constitute a joint venture.
20. NOTICES
20.1. Any notice sent under this Coaching Agreement will be delivered in writing, which will include email.
21. ENTIRE AGREEMENT
21.1. This is the entire agreement between the Client and the Service Provider with respect to its subject matter, and supersedes all prior and contemporaneous proposals, representations, statements and agreements.
22. ANTI-ORAL VARIATION
22.1. If either the Client or the Service Provider wishes to change this Coaching Agreement, the change will be agreed in writing between the Parties (in accordance with Clause 21).
23. EXECUTION BY ELECTRONIC METHODS AND COUNTERPARTS
23.1. This Coaching Agreement may be signed separately by the Client and the Service Provider, in which case the separate copies will together be taken as the whole Coaching Agreement.
23.2. Service Provider and Client agree that this Coaching Agreement is binding and may be executed electronically, such as via a “tick-box” method via the websites nickhatter.com or calendly.com, and/or agreeing to it in writing or verbally.
24. THIRD PARTY RIGHTS
24.1. No party other than the Client and the Service Provider has any rights under this Agreement and the Contracts (Rights of Third Parties) Act 1999 will not apply to this Coaching Agreement.
25. SEVERABILITY
25.1. If any provision of this Coaching Agreement is determined to be ineffective, invalid, illegal or unenforceable by a court or other competent body, it will be severed from the remaining provisions of the Coaching Agreement, and the remaining provisions of the Coaching Agreement will survive.
26. ASSIGNMENT
26.1. The Service Provider may transfer the Service Provider’s rights and obligations under this Coaching Agreement to another organisation. The Service Provider will inform The Client in writing if this happens and The Service Provider will ensure that the transfer will not affect The Client’s rights under the Coaching Agreement.
27. GOVERNING LAW AND JURISDICTION
27.1. This Coaching Agreement and any non-contractual obligations arising in connection with it are governed by and construed in accordance with the law of England and Wales whose Courts will have exclusive jurisdiction to determine any dispute arising from it.
27.2. If there is a dispute between the Parties, the Parties will use reasonable endeavours to resolve the dispute informally. If agreement cannot be reached, the Parties agree that the dispute will be resolved solely by arbitration in accordance with Clause 27.3.
27.3. Any dispute arising out of or in connection with this Coaching Agreement, including any question regarding whether it exists, it is valid, or it can be or has been terminated, will be referred to and finally resolved by arbitration by a single arbitrator. The parties agree that the single arbitrator will be chosen by the Service Provider. The seat, or legal place, of arbitration will be England and the language to be used in the arbitration proceedings will be English. The Client and/or the Beneficiary (where applicable) will pay the initial fees and/or costs to initiate the arbitration process.
27.4. The Client will use reasonable endeavours to resolve any dispute privately with the Service Provider before resorting to court action or formal alternative dispute resolution.
27.5. Even if The Service Provider delay in enforcing this Coaching Agreement, The Service Provider may still enforce it later. If The Service Provider do not insist immediately that The Client do anything The Client are required to do under this Coaching Agreement, or if The Service Provider delay in taking steps against the Client in respect of The Client’s breach of this Coaching Agreement, that will not mean that The Client do not have to do those things and it will not prevent the Service Provider taking steps against The Client at a later date. For example, if The Client miss a payment and The Service Provider do not chase The Client but The Service Provider continue to provide the Services, The Service Provider may still require The Client to make the payment at a later date.
28. WARRANTIES AND GUARANTEES
28.1. The Service Provider provides absolutely no warranties or guarantees in relation to the performance or non-performance of, or the Client’s experience with, the Services. While other clients may report positive results with the Services, the Client’s own individual experience with the Services may differ.
28.2. The Service Provider does not provide any warranty or guarantee as to any specific result being attained by the Client through the Services.
28.3. The Service Provider may implement a different psychological or methodological approach to what has been marketed on the Service Provider’s marketing materials, based on the Service Provider’s professional judgement.
29. STATUTORY RIGHTS
29.1. Nothing in this Coaching Agreement will affect, revoke or override the Client’s statutory rights granted under the laws of England and Wales, and thus the Client retains all such statutory rights.
30. CONTACTING THE SERVICE PROVIDER
30.1. The Client can contact the Service Provider by telephone on +44 (0)20 3488 0210 or by writing to the Service Provider at Nick Hatter Ltd, 167-169 Great Portland Street, 5th Floor, London, England, W1W 5PF, or by using the contact form at https://www.nickhatter.com/contact.
