Evolve & Thrive Tribe - Life & Career Revamp Program Agreement

THIS AGREEMENT IS MADE BETWEEN Evolve & Thrive Global, a company based in Spain, supporting clients globally, based in Alcossebre, Valencia, Spain (the "Company"), and You (the “Client”). 

The following terms will apply:

1. Overview of the Programme 

   1.1. The Programme is for midlife women who are seeking to make positive changes in their lives & careers & achieve more - success, freedom, balance & happiness.

   1.2. This is a hybrid training programme with some elements delivered to the Client individually via 1:1 coaching sessions and the majority of the training delivered alongside other participants in group coaching sessions.. All coaching is delivered remotely online.

2. What’s Included

2.1. The services shall include Individual & Group coaching “the Services” which are designed to support the Client & make positive changes in their lives & careers. 

2.2. The programme aims to support the Client in discovering “What’s Next?” in their life & career, getting clarity on who they are, what they want, and how to achieve it.

2.3. In delivering the Services the Company agrees to provide them with reasonable care and skill.

2.4. The Client accepts and understands the majority of the programme is a group programme and training and services will be delivered alongside others in a group setting. 

2.5. Whilst it is intended that the substantive coaching will be delivered by Lara Pennington, in delivering the Services the Company may engage the services of their employees, contractors, and other third-party providers as necessary.

2.6. The services will be delivered via: 

Four individual 1:1 Coaching sessions. 

Twice weekly Group Coaching sessions.

Twice monthly Expert Guest sessions.

Membership of the Evolve & Thrive VIP Facebook Group

Access to the Evolve & Thrive Tribe online portal,  library of training tools & resources

2.7. All 1:1 sessions must be used within six months from the beginning of the Programme.

2.8. During certain periods of the year, there may be short periods where no group coaching or 1:1 sessions will be delivered e.g. over Christmas. Such periods will be kept to a minimum. The Programme intends that it can be completed within three months, with a total of six months of access & support across the Programme, therefore any short periods of holiday will not impact your experience. 

2.9. When the Programme delivery commences, the Client shall be granted access to the Company’s online portal, resource library of documents, workshops, videos and training material. The training resources are extensive and shall support the Client in a number of valuable areas of their life and career. 

2.10. Any remotely delivered services will take place via Zoom or another online meeting facility.

2.11. The Client understands and accepts it is the Client’s responsibility to attend all sessions provided at the agreed time.

2.12. In the event the relevant coach is unable to attend a scheduled session then the Company will make all reasonable attempts to provide the Client with as much notice as possible and shall ensure that the session is rescheduled to a mutually convenient time.

2.13. In the event the Client is unable to attend a session or fails to attend a group session, the Client shall forfeit the right to that session. Where the Client is unable to attend an individual coaching session which has been scheduled, at least 24 hours’ notice must be provided in writing via email so that the session can be rescheduled. If insufficient notice is given then the session shall be forfeited. 

2.14. The Company agrees that, for the duration of the Programme, they shall be available to the Client by email at [email protected]. All communications should be via the dedicated Evolve & Thrive VIP Facebook group in the first instance or by email if private. Depending on the content of the email, it may be necessary to discuss any issues at the beginning of the next session. Response times will vary but it is aimed that a response will be provided within 48 hours when the query arrives in business hours. Depending on the query, it may be simpler for some queries to be answered in the next session.

2.15. Should the Client require any further support than is provided within the Programme as standard, such support will be outside of this Agreement and additional terms and fees shall be agreed upon. 

2.16. If the Client is invited to attend additional in-person meetings, events, retreats or similar then the Client shall be responsible for arranging and funding their travel and accommodation to participate in such activities. 

2.17. Should there be any additional events or meetings that are not included in the price of the Programme but that the Client may benefit from, the Company will clearly communicate any additional fees in advance. 

2.18. The Company reserves the right to make amendments, revisions or changes to the Programme or cancel, amend, change or reschedule any part of the Programme as is reasonably required by the Company. The Company shall not be liable to the Client for any changes or cancellations that are made. 

3. Client’s Obligations

3.1. The Client accepts that as part of the Client’s participation in the Programme, they may be required to review and make decisions concerning their personal and home life, business and career, finances, lifestyle, education and development, and health and wellness and that any such reviews, subsequent decisions, implementation, and action will be the sole responsibility of the Client.

3.2. The Client accepts and understands that they are solely responsible for making decisions and taking appropriate action as a result of any matters reviewed or discussed during the Programme and that the Company shall not be liable for the Client’s failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of the Client’s participation in the Programme.

3.3. The Client understands and accepts that engagement in the Programme and acceptance of the services is not a substitute for counseling or other therapy services. Whilst the professionals delivering the services have significant experience and maybe the correctly qualified practitioner to provide support, if the Client is currently undergoing medical or other professional help concerning their health (mental or physical) then the Client should inform their practitioner of the existence of this Agreement and the extent of the services being provided and inform the Company if appropriate and relevant.

3.4. The Client acknowledges that it is their responsibility to attend the sessions as agreed and during sessions to participate fully and communicate openly and honestly. Further, the Client acknowledges that they will be required to take specific action and implement advice given throughout the Programme and such action will be their responsibility. 

3.5. The Client acknowledges and understands that the Programme is a group programme and that some sessions are group sessions. The Client agrees to always conduct themselves reasonably and responsibly during sessions and not to act in a manner that may cause offense, distress or alarm to the individual leading the sessions or anyone else with the group.

3.6. In the event the Client acts in a way which is disruptive, or which causes offence, distress or alarm, to the mentor or practitioner then the Client will be excluded from the session. Following any removal and exclusion, the Company will arrange a meeting with the Client to discuss the matter and to determine whether the Client will be removed and/or excluded permanently. Such a decision to be at the Company’s absolute discretion.

3.7. The Client agrees to keep all information shared by other participants private and confidential. 

3.8. Given the group nature of certain elements of the Programme, the Client accepts that any information shared will be done so across the group. The Client should consider entering direct non-disclosure agreements with other group participants if they deem such an arrangement to be necessary. The Company has no control or liability relating to information shared within a group setting. 

3.9. In the event the Client has any concerns as to the Company’s delivery of the services or the Client’s participation in the Programme in any way the Client agrees to notify the Company of such concerns by email as soon as possible. The Company agrees that upon receipt of notification of such concerns, the Company will use all reasonable efforts to work with the Client to resolve the Client’s concerns.

3.10. The Client understands that this Agreement can only be cancelled or terminated in accordance with the relevant provisions contained within this Agreement, that they are agreeing to pay the whole Fee in full in all circumstances, and that refunds only apply as set out in Clause 5.

3.11. The Client confirms that all information provided to the Company, including information that is personal and/or confidential, is true, correct, up-to-date and complete.

3.12. The Client agrees and understands that participation in the Programme does not guarantee results or success. As part of the Programme, the Client will have access to information, resources, people, and support all designed to benefit the Client but it is the Client’s responsibility to take action and to implement the necessary information received and/or skills or tools shared.

3.13. The Client understands that any materials and information provided during the Programme and delivery of the Services is for general information purposes only and does not constitute legal or financial advice.

3.14. The Client agrees that they will not canvass, promote, or advertise their products or services to any employee, client, or contractor of the Company or use their participation within the Programme to canvass, promote, or advertise their products or services without the Company’s express consent, such consent not to be unreasonably withheld.

3.15. The Client agrees that during the Programme and for 12 months afterwards, that they shall not solicit any of the Company’s clients or prospective clients without the Company’s express consent, such consent not to be unreasonably withheld. 

3.16. The Client agrees that for the duration of the Programme and for a period of 12 months afterwards, the Client will not employ, engage or attempt to induce, employ, solicit or entice away from the Company any of the Company’s employees, or contractors that were engaged, employed or contracted to the Company at any point during the period of the Programme without the Company’s express consent in writing, such consent not to be unreasonably withheld.

3.17. The Client agrees to indemnify and hold harmless the Company for any action taken against the Company due to the Client’s violation or disregard of:

any provision of this Agreement;

the Client’s participation in any way in the Programme.

4. Fees and Late Payments

4.1. The total cost of the Programme is £1200 (“the Fee”).

4.2. The Client shall pay the Fee via the payment link on the Company’s website. 

4.3. In accepting the terms of this Agreement, the Client agrees to pay the entire Fee. There will not be a refund, discount or option for part-payment of services if the Client decides not to proceed with the full Programme. Should the Client stop participating, monthly payments (if payment by instalments has been chosen) will still fall due and should be paid to the Company until the entire Fee is paid.

4.4. If the Client does not pay any amount properly due to the Company under this Agreement, the Company will charge a fixed administrative fee of £150 for each late payment and the Company reserves their right to suspend delivery of the Services until all outstanding payments have been made. 

4.5. In addition to the late payment fee set out above, the Company may charge the Client interest on the overdue amount at the rate of 8% per annum above the Bank of England base rate from time to time (which interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month) or claim interest and statutory compensation from the Client pursuant to the Late Payment of Commercial Debts (Interest) Act 1998.

4.6. Should any payments become more than 14 days overdue, this shall amount to a material breach of the contract and the Company reserves their right to terminate this Agreement and seek recovery of all outstanding fees immediately. The Client shall lose their place on the Programme and be responsible for any and all costs and fees, including legal fees, associated with the recovery of unpaid or outstanding fees. 

4.7. Once the initial six-month term has expired, the Client may be invited to continue receiving support from the Company on a rolling monthly/annual basis. The Company reserves the right to review and adjust the Fee, up or down as required.  

5. Refunds and Cancellation 

5.1. When you purchase this Programme, you will get immediate access to all of the course material, therefore you will not be entitled to a refund if you change your mind within the first 14 days of purchase. It is therefore important that you check the Programme details for suitability before purchasing. Should the Client have any questions before joining, the Company would be happy to arrange a discussion. If you do purchase and then change your mind, within the first 14 days then a refund for any unused 1:1 sessions shall be provided, these are valued at £150 per session.

5.2. The Client is reminded of their obligations and agreement to handle any issues in accordance with Clause 3.9 so that they can be resolved quickly and the highest service level can be provided at all times. 

5.3. Should the Client wish to cancel their place on the Programme and stop attending the sessions, they shall be permitted to do so but they must pay the balance of the Fee should any proportion by outstanding. 

6. Termination

6.1. Until the expiry of the initial six  months, this Agreement may only be terminated by either party providing written notice in accordance with the terms of this Agreement in the following circumstances:

6.1.1. either Party commits a material breach, and if it is a breach being capable of remedy, the Party in breach fails to remedy the breach within 14 days of being notified of the breach by the other Party; or

6.1.2. either Party commits a material breach which is incapable of being remedied;

6.2. The Company will be entitled to limit the services or suspend, and/or terminate the Agreement without refund of any Fee, whether paid or remaining due, if the Company reasonably determines that the Client:

6.2.1. Is becoming disengaged, disruptive or if the Client impairs the participation or progress of the Programme and/or provision of the Services. For the purposes of this Agreement the terms disengaged and disruptive shall be given their ordinary dictionary meaning and examples of such behaviour shall include, but not be limited to, displaying a lack of interest in the services, repeatedly missing sessions to be without reasonable justification or reason, failing  to positively contribute to discussions during sessions or other contact, repeatedly ignoring or  failing to respond to emails or other messages, communicating in a way which is abusive or intended to offend any coach, trainer or practitioner; and/or

6.2.2. Is failing to follow or abide by any of the terms set out within this Agreement or any other terms or guidelines as may be agreed whether such action constitutes a material breach or not.

6.3. Upon termination for any reason, the Client’s access to all services, access to any private social media accounts or groups, and any other online resources, will be removed, unless expressly agreed otherwise. The Company will not be liable to the Client for any claims relating to the removal of that access.

7. Confidentiality, Intellectual Property and Data Protection

7.1. To maximise the efficiency and results of the Programme the Client accepts that they will be encouraged to disclose personal and/or confidential information. The Company respects the value of such information and shall not, either directly or indirectly, communicate or disclose, make available to, or use for his/her benefit or the benefit of any other person or entity, the Client’s ideas, know-how, business practices, concepts and techniques, plans, trade secrets, and other confidential and/or proprietary information (collectively, “Confidential Information”) that the Client may disclose to the Company or that may be disclosed as part of the provision of the services to which this Agreement relates.

7.2. Confidential Information for the purposes of this Agreement excludes any information that:

7.2.1. was already known to the Company before being provided with that information by the Client;

7.2.2. is already accessible in the public domain;

7.2.3. is provided to the Company by a third party separately from this Agreement and without any breach of the terms of this Agreement; or

7.2.4. is produced, developed or collated by the Company independently of the Client and without any breach of the terms of this Agreement.

7.3. In the event, information is provided to the Company by the Client which causes the Company to fear that the Client is at risk of danger to themselves or others then in such circumstances the Company will be permitted to disclose such information as is necessary to health practitioners of for the protection of the Client or others. 

7.4. The Client should be aware, unless they expressly request otherwise, that information provided to one individual within the Company will be shared with others as appropriate. Mailboxes, including social media inboxes, will be accessible by multiple people across the Company. 

7.5. This clause will not apply in the event the Company is subject to a relevant court or other forms of legal or statutory order requiring disclosure by the Company.

7.6. By entering into this Agreement the Client hereby agrees and undertakes;

7.6.1. not to infringe any of the Company’s copyrights, patents, trademarks, trade secrets or other intellectual property rights;

7.6.2. that any Confidential Information disclosed by the Company is confidential and proprietary and belongs solely and exclusively to the Company that disclosed it;

7.6.3. not to disclose such Confidential Information to any other person or use it in any manner other than in discussion during Programme sessions;

7.6.4. that all materials, information, and any data provided by the Company are that individual’s confidential and proprietary intellectual property and belong solely and exclusively to them, and may only be used by the Client as expressly authorised by the Company; and

7.6.5. the reproduction, distribution, and/or sale of any information or materials provided during the provision of the Services or at any time thereafter by anyone but the Company is strictly prohibited. The Client agrees that in the event of any breach of their obligations contained in this Agreement then damages, loss or irreparable harm may arise and that in such circumstances the Company will be entitled to seek relief, including injunctive relief against the Client.

7.6.6. to preserve and protect the Confidential Information of other Programme Participants and not to make any disclosures relating to information shared by third parties. 

7.7. No recording of any of the Programme sessions or any live webinars or video resources that are shared by the Company as part of the Programme is permitted without the Company’s express consent.

7.8. The parties agree that in relation to any information, whether confidential or not, that is shared between the Parties they shall be individually responsible to comply with any and all relevant data protection laws and legislation.

7.9. Any information or data that is provided by the Client pursuant to this Agreement, including Confidential Information, will be maintained by the Company and stored, accessed and processed in accordance with recognised data protection legislation. Full details of how the Company processes personal data reference should be made to the Privacy Notice displayed at: www.evolve-thrive.com

7.10. Both Parties agree to take appropriate steps to keep all information safe and secure and to protect against loss and destruction, including accidental, and any unlawful or unauthorised processing.

7.11. Both Parties agree to provide a copy of all information held upon receipt of a proper and reasonable data request. Any such request shall be dealt with within a reasonable time.

7.12. All documentation and information provided to the Company during the course of the Programme will be retained in accordance with relevant retention guidance for a period of no less than 6 years. 

7.13. The Client should be aware that recordings of group sessions, within which they may feature, will be available to others within the group for the duration of the programme and afterwards as part of ongoing access to resources. 

7.14. In circumstances where the Client provides a testimonial, written or video, they provide authority and permission for the Company to utilise that testimonial in the manner that the Company sees fit, including public advertising and marketing, unless and until permission is withdrawn by the Client in writing. 

7.15. As part of the delivery of the services the Company will provide certain materials and resources under licence. These materials shall include, but not be limited to, Programme handouts, workbooks, Programme materials, and resources. The Company shall own all methodologies, systems, and processes delivered within the Programme, not withstanding which mentor or practitioner has delivered the session. 

7.16. The Company will grant to the Client a personal, limited, non-transferable, non-exclusive, revocable license to access and use the materials, resources, and methodologies provided as part of the Programme solely for the Client’s business purposes and for the purposes as intended by this Agreement.

7.17. The Client must not use any of the materials or resources provided by the Company during delivery of the Programme for:

7.17.1. any commercial purpose or benefit without first obtaining the Company’s express written permission and relevant licence if applicable;

7.17.2. any unlawful purposes, would cause harm or distress to another person or would cause damage to our business or reputation.

7.18. The obligations set out within this Clause 7 shall survive the termination of this Agreement.

8. Liability

8.1. The Company has made every effort to accurately represent the Programme and the Services. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including his or her background, dedication, desire, and motivation and the Company makes no guarantee, representation or warranty as to the outcome the Client may experience in connection with the Services provided.

8.2. The Company will not be liable to the Client for any indirect, consequential or special damages.

8.3. From time to time the Company may refer to, introduce or utilize the services of expert coaches and advisors. The Company shall not be liable for any of those services and makes no recommendations as to their suitability for the Client. 

8.4. None of the Services shall be construed as medical, legal or financial advice and the Client should seek input from third-party professionals should additional advice be required. 

8.5. In the event damages are incurred by the Client as a result of the Company’s default or violation of any of the terms of this Agreement, the Company’s entire liability under this Agreement is limited to the amount paid by the Client to the Company as at the time the loss is sustained.

8.6. During the term of this Agreement and at any time thereafter, the Client agrees to take no action which is intended or would reasonably be expected, to harm the Company, her agents, employees, contractors, or clients, or its or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to the Company, her agents, employees, contractors, or clients.

8.7. In the event a dispute arises in connection with this Agreement and the provision of the Services which is incapable of being resolved by mutual consent then the Parties agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible following mediation then legal action shall be commenced.

8.8. The Parties agree that they have adequate insurance cover to meet any liabilities that may arise in connection with this Agreement.

8.9. Nothing in this Agreement shall limit or exclude liability for: death or personal injury resulting in negligence, fraud or fraudulent misrepresentation nor shall it exclude any liabilities that may not be excluded under applicable law.

9. Notice

9.1. 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

9.2. The Client must ensure that their contact information is kept up-to-date and any change of address is communicated within 7 days.

10. General

10.1. The failure of either Party to actively enforce any provision of this Agreement shall not prevent that party from subsequently seeking to enforce any term or obligation of this Agreement and any such failure shall not constitute a waiver, diminution or limitation of any right.

10.2. In the event any provision of this Agreement is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.

10.3. This is the entire agreement between the Parties and supersedes all other negotiations, drafts, correspondence and discussions prior to the execution of this Agreement.

10.4. Every effort will be made to carry out this Agreement and provide the Services, but the Company shall not be liable for any delay or failure in the provision of the Services should the Company be prevented or delayed by reason of an Act of God, Strike, War, Riots, Lock Outs, Fire, Epidemic, Flood, Accident, Delays in Transit, any Act or Omission of a Telecommunications officer or Third Party Supplier of Services, or any other circumstances beyond the Company’s control. In such circumstances time of delivery of Services shall be extended until a reasonable time after the event preventing or interfering with the due execution, and under no circumstances will the Company be liable for any loss or damage suffered by the Client as a result thereof.

10.5. The Company acknowledges the importance of electronic communications to the delivery of the Programme and agrees to use all reasonable endeavours to provide reasonable contingency provisions to limit any impact or delay which may be caused to the provision of the Services by delay or failure of telecommunications services. Nothing in this provision will affect the application of this clause where an unexpected event occurs.

10.6. 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.

10.7. The Client agrees that no other representations have been made by the Company to induce the Client 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.

10.8. Save as provided for in clause 8.4 the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement.

10.9. The Client acknowledges that he/she has been given sufficient time to seek legal advice prior to entering into this Agreement.