ResilientMindPractitioner - Client Agreement

ResilientMindPractitioner - Client Agreement

 

Defined terms:

 

“Materials” means all information, data, documents, communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, resources, and products made available or enabled via the Site by us or Users of this Site.

“Services” means any provision of mentoring, coaching, training and/or related services and the provision of any Materials and any other activity related thereto by a Practitioner and authorised pursuant to the Terms.

“Site” means www.theresilientmind.com and all of its sub-domains.

“Terms” means the terms and conditions governing the Site can be found in the footer of the Site under ‘Our Terms and Conditions’.

“VLL” or “we” or “us” means von Lerse Limited, a company registered in England and Wales under company number 09238255) with its registered address at 57 Long Chaulden, Hemel Hempstead, Hertfordshire, HP1 2HX.

“VLL Services Agreement” means the agreement between a Practitioner and VLL in connection with the services provided by us.

 

The Practitioner Client Agreement

This Practitioner Client Agreement is made between each person registered as a Practitioner on the Site and each user of the Site who registers as Client and where such Practitioner agrees to provide Services to such Client. By (i) booking the relevant Services on the Site, the Client and (ii) by accepting such booking, the Practitioner, agrees to be bound by this Practitioner Client Agreement. This Practitioner Client Agreement shall become effective on the date on which a booking by the Client has been accepted by the Practitioner (either manually on the Site or by VLL on behalf of the Practitioner).

The Practitioner has agreed to provide Services to the Client on the Site. This Practitioner Client Agreement governs the provision of such Services even if such Services is provided, from time to time, via alternative means..

The Client is requested to take responsibility for decisions, choices, actions and results arising out of the delivered Services. The delivery of Services is a comprehensive process. That may involve different areas of life, including education, finances, health, recreation, relationships and work. It is the Client’s decision how to handle these issues, incorporate changes and implement choices. As such, the Client agrees that the Practitioner is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any Services provided.

Practitioners that are HCPC registered are required to identify themselves as such on the Site and information shared during one-to one Services provided by such shall treated confidentially by such Practitioners.  In all other circumstances, the Practitioner Client relationship is not subject to confidentiality obligations and thus, communications are not subject to the protection of any legally recognised privilege or confidentiality.

To the full extent permitted by law, the Practitioner is not liable for any indirect, punitive, special, incidental, consequential or exemplary damages arising out of or in connection with the delivery of Services to the Client, even if the Client has previously been advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (but excluding gross negligence, fraud or wilful misconduct).

The Client agrees that the warranty disclaimers and limitations of liability in this Practitioner Client Agreement are material and that they have been taken into account in determining the consideration to be given by each party under this Practitioner Client Agreement and in the decision by each party to enter into this Practitioner Client Agreement. The Client agrees that the warranty disclaimers and limitations of liability this Practitioner Client Agreement are fair and reasonable.

It is acknowledged that VLL does not employ or act as agent for the Practitioner or Client. The provisions of this Practitioner Client Agreement are not intended to benefit or be enforceable by any third party pursuant to the Contracts (Rights of Third Parties) Act 1999 other than VLL and provided that VLL shall be entitled to enforce any rights of the Practitioner or Client at its full discretion.

This Practitioner Client Agreement and all non-contractual obligations arising from or connected with it are governed by English law. The courts of England have exclusive jurisdiction to settle any dispute arising out of or in connection with this Practitioner Client Agreement (including a dispute relating to the existence, validity or termination of this Practitioner Client Agreement or any non-contractual obligation arising out of or in connection with this Practitioner Client Agreement) (a “Dispute”) provided that the Practitioner may seek recourse to the courts of any other jurisdiction in our sole discretion in connection with any Dispute.