Terms of Business

This website is owned and managed by TANIA CUTURI COACHING (“Tania Cuturi”, “us”, “we”, “our”).

These Terms and Conditions apply to any and all users of our website.

By accessing and using this website or our social media platforms (collectively ‘Website’) and/or by engaging us to provide you with our services, you agree to be bound by these terms and conditions (‘Terms’). If you do not agree to be legally bound by these Terms, you may not access or use our Website for the purposes of accessing our services.

These Terms relate to the services provided by Tania Cuturi, a coach certified by the ICF (International Coach Federation) (ACC accredited) and the NCP (National Council of Psychotherapists).

These Terms must be read in conjunction with our privacy notice which is available on our Website. We are committed to ensuring the security and privacy of your information and our Terms and privacy notice explain in more detail the categories of information we collect from you, the purposes for and the manner in which the information is processed and used.

A reference to ‘us’, ‘we’, ‘ourselves’ refers to Tania Cuturi Coaching, and a reference to ‘you’, ‘your(s)’, ‘yourself’ refers to Tania Cuturi’s end client.

1 Contractual Relation

1.1 These Terms constitute a contractual relationship between Tania Cuturi Coaching and yourself.

1.2 For the purposes of these Terms, Tania Cuturi Coaching and the client shall collectively be referred to as ‘the Parties’ and individually as ‘a Party’.

1.3 The Parties agree

2 Our Services

2.1 Tania Cuturi Coaching is aimed at coaching career minded individuals with the objective of helping them gain courage and confidence.

2.2 Clients must understand that coaching is a partnership between the coach and themselves. Coaching sessions will be designed to address the client’s needs; however, the outcome and success of coaching is largely dependent on how receptive the client is to being coached.

Coaching sessions (‘Our Services’) typically focus on, without limitation:

(i) goal setting and time management
(ii) increasing courage and confidence
(iii) discovering values and beliefs
(iv) finding meaning and purpose
(v) supporting career and life transitions
(vi) managing responses to difficult relationships
(vii) identifying emotional barriers
(viii) identifying triggers
(ix) working towards clarity and self-awareness

2.3 Coaching sessions may be held in-person at designated venues, the details of which will be shared with you in advance, or online through the use of video-conferencing platforms.

2.4 Please note that our Services can be used by independent adults who are 18 [eighteen] years of age and above.

2.5 Our Services are not aimed at those who are below 18 [eighteen] years of age (‘Minors’).

2.6 Our coaching sessions are 1-1 or in a group setting. If you are enrolled in a group coaching program please refer to terms specific to group coaching, as outlined in clause 3.

2.7 We do not provide any emergency services of care/consultations for acute medical conditions or where medical treatment or diagnosis by a qualified physician or medical/healthcare expert are needed.

2.8 We do not prescribe any controlled or off-license medication. Should you be taking medication that could have an impact on the outcome of the session, it would be advisable to check with your practitioner before starting coaching sessions as well as letting Tania Cuturi know about it before starting coaching.

2.9 Please note that our Services are only intended to be coaching sessions focused on helping clients gain courage and confidence, so that they may develop further personally and professionally. Our coaching sessions do not involve therapy, psychiatric or otherwise and/or any medical treatment or diagnosis. However, at times coaching and therapy may entail the use of similar methods and techniques, and it is sometimes difficult during a coaching session or conversation to distinguish between the two, as it could be that in some coaching sessions, tools and techniques relating to therapy are used. Although there may be an overlap between techniques used during coaching and therapy, our coaching sessions should not be relied upon as therapy or treatment in lieu of therapy or treatment that you would normally seek from a qualified medical professional.

2.10 Our Services are in no way intended or designed to replace the services of your NHS [National Health Service] care provider, private General Practitioner (‘GP’), hospital and/or any other qualified medical professional/physician or consultant.

2.11 If you are consulting a therapist or qualified healthcare professional or were/are on medication or on a course of treatment prescribed by your NHS care provider, private GP, hospital and/or any other qualified medical expert, we encourage you to inform them about the Services and sessions you are receiving from us.

2.12 Your use of our Services will be subject to these Terms and shall be construed as your consent to be legally bound by them.

3 Group Coaching

If you enroll yourself in a group coaching program with us, you shall be bound by the Terms contained in this clause 3.

3.1 The group coaching format is hybrid with a combination of group sessions comprising 6-8 individuals and individual 1-1 sessions. In addition, the Coach provides constant support via a messaging platform. All details will be shared with you should you express an interest in our group coaching program.

3.2 The coaching sessions may be held via an online video conferencing platform and/or in-person.

3.3 You may be asked to fill out pre-session forms to enable the Coach to personalise the sessions to your needs.

3.4 During group discussions fellow-participants will be privy to the information you share during the session, and you will be privy to the information they share during the session. As a client, you agree to adhere to your obligations of confidentiality and data protection as outlined in these Terms.

3.5 There are no cover up sessions for group coaching sessions. However, a recording may be available on request. You shall not hold Tania Cuturi liable for any group coaching sessions that you miss.

3.6 Audio and video recordings of group sessions will be shared with participants of the program on request. By enrolling yourself and participating in a group coaching session, you consent to the sessions being recorded and the information therein being accessible to fellow group coaching participants.

3.7 You will have access to group coaching sessions for 3 (three) months from the date of enrolment, i.e., you must complete all group coaching sessions within 3 (three) months from the date of enrolment.

3.8 You agree that failure to attend group coaching sessions within 3 (three) months from the date of enrolment shall not entitle you to a refund.

4 Booking a session or a package

4.1 A coaching session and/or a coaching package can be booked:

(i) online by filling out an enquiry form available here or through ‘The Work With Me’ section on our Website or
(ii) by sending us an email at tania@taniacuturi.com.

4.2 Online coaching sessions are available to clients in the United Kingdom (UK) and overseas. Please note that all overseas clients will be bound by these Terms as well as our privacy notice, which is compliant with the General Data Protection Regulations 2016/679 (‘GDPR’), the UK GDPR and the UK Data Protection Act, 1998.

5 Data Collected

5.1 All information collected and supplied by you to Tania Cuturi Coaching will be treated as confidential and only processed to provide the services or as described in this section and in our privacy notice. Please take the time to read these as they are integrated into these Terms and constitute important terms that apply to the collection, storage and use of your Personal Data.

5.2 For the purposes of Data Protection Laws the Data Controller is Tania Cuturi Coaching.

5.3 For the purposes of these Terms, ‘Data Protection Law’, ‘Personal Data’, and ‘Data Controller’ shall have the following meanings:

a. ‘Data Protection Law’ shall refer to the General Data Protection Regulations (2016/679) (‘GDPR’), the UK GDPR, the Data Protection Act 1998 and/or any other data protection legislation that applies to the Parties.
b. ‘Personal Data’ shall have the meaning given to it under Article 4(1) of the UK GDPR, i.e., ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.
c. ‘Data Controller’ shall have the meaning given to it under Article 4(7) of the UK GDPR, i.e., ‘controller’ means any natural or legal person, public authority, agency or other body, which alone or jointly with others, determines the purposes and means of processing Personal Data.

5.4 The primary purpose for which we will collect and use your Personal Data is to provide our Services to you and/or for the conduct of our operations. In addition, your Personal Data will be collected and used for the purposes of due diligence and identity verification.

5.5 We may make audio and video recordings of your sessions for governance, reference, quality control and monitoring purposes. Audio and video recordings of 1-1 sessions will be shared with you only so that you may be able to keep a record of and access the communication that took place during the coaching sessions. Audio and video recordings of our group coaching sessions may be shared with other participants of the group. By enrolling yourself and participating in a group coaching session, you consent to the sessions being recorded and the information therein being accessible to fellow group members.

We assure you that all such Personal Data will be treated as confidential and will be held strictly in accordance with, and as long as required, under Data Protection Laws and our internal policies and procedures. By signing up for our Services and coaching sessions you consent to Tania Cuturi Coaching making audio and/or video recordings of your sessions for the above-mentioned purposes. You warrant that you will not misappropriate, misuse, or do anything in relation to another person’s Personal Data that in any way breaches Data Protection Law.

5.6 Whilst we encourage you to inform your therapist and/or any other qualified healthcare professional you are consulting, that you are being coached by us, we will not share your information with your therapist/ the NHS/ your care provider/ GP/ any other qualified physician/medical professional unless we have your express written permission to do so or where there is an overriding public interest in disclosing the information without your consent or where your interests in terms of your health and safety over-ride our obligation of confidentiality. This is in accordance with the General Medical Council’s guidance which may from time-to-time change.

5.7 We may share aggregated anonymised data with third parties in order to monitor our Services and to ensure consistent quality and safety relating to the Services provided to clients.

5.8 Please note that we will ask for details of your emergency contact (‘Emergency Contact’). We will generally share your information/Personal Data with persons nominated as your ‘Emergency Contact’ or where an ‘Emergency Contact’ has not been nominated, with the next of kin, only in cases of emergencies where it is in the legitimate interest of the public or in the legitimate interest of our organisation or in your own legitimate interest for us to disclose your Personal Data or where your interests, and health and safety over-ride our obligation of confidentiality. For such circumstances it shall be deemed that you have consented to your information being shared with the Emergency Contact or next of kin.

5.9 We may report your participation in our coaching sessions to the ICF, in order to maintain our credentials and ongoing qualifications, as per the requirements of the ICF. For the purposes of submitting records to the ICF, only your name, email address, contact number, dates and duration of the coaching sessions, and no further details or notes relating to the coaching session will be shared. The only purposes for such Personal Data being shared will be for the ICF to verify that Tania Cuturi Coaching is in compliance with the ICF’s requirements relating to its credentials and ongoing qualifications. By purchasing our Services, you agree for your information to be submitted to the ICF for the sole and necessary purpose of verifying the coaching relationship.

5.10 If you have expressly opted in to receive marketing communication from us, your information may be included in our mailing list in order for us to send you newsletters, updates, and promotional material. We use Flodesk as our email marketing platform. You will not receive anything from us via Flodesk unless you have expressly consented to it. For more details on how Flodesk deals with Personal Data read their privacy policy at https://flodesk.com/privacy-policy.

5.11 At Tania Cuturi Coaching, we store your Personal Data in compliance with Data Protection Law. For more details on how we collect and process your Personal Data please read our privacy policy at here.

5.12 You may choose to connect with us on social media. Please remember that when you share information publicly on the website or on social media platforms, for example, a comment on a blog post or within social media groups, it may be indexable by search engines, including Google, which may mean that the information is made public.

When you participate in conversations on social media your Personal Data is visible to members of the concerned social media group and the public in general. Please note that you participate in social media related activities at your sole discretion, and we shall not be liable for the access and use of your Personal Data by third parties, via social media, including circumstances, where third parties contact you or initiate a conversation with you, on social media or otherwise, as a result of your information made available to them via our social media groups or any activity you participate in through social media platforms or by connecting with us on social media.

6 Payment and Terms of Payment

6.1 Our fee for coaching sessions and packages will be communicated to you in advance.

6.2 All sessions and packages must be paid for prior to the session or first session of the package, as the case may be.

6.3 Payments may be made online or via a bank transfer, the details of which will be shared with you when you book a session with us.

6.6 Payments may be made online using third party payment platforms. Currently we use Gocardless or PAYPAL as a platform to collect and process payments. Please note that Gocardless and PAYPAL are third-party payment platforms that we use only for the purposes of receiving and processing payments. We encourage you to read PAYPAL’s privacy policy at https://www.paypal.com/uk/webapps/mpp/ua/privacy-full, and Gocardless’s privacy policy at https://gocardless.com/privacy/. In addition, please note that PAYPAL is the registered proprietor of its trade mark and of the Intellectual Property Rights to its website and any content published thereon. Tania Cuturi Coaching claims no rights of ownership to the Intellectual Property relating to any third-party website and/or any content displayed or published on such websites, nor does it assume liability for any of the content published on or through such third-party websites.

6.7 Corresponding receipts relating to payments made by you will be generated and emailed to you for your records.

6.8 Default in payment- If you fail to pay an invoice by its due date, you will receive a reminder from us in relation to the outstanding invoice amount. Failure to pay your coaching fees, whether 1-1 or group coaching fee, whether it is the upfront amount or an instalment, for more than 15 days from the due date, will result in the termination of this Agreement. We do not guarantee that our services will be offered on the same Terms in the future.

6.9 Currency– Clients will be billed in British Pound Sterling.

7 Rescheduling or cancellation of appointments (Cancellation/Rescheduling Policy)

7.1 For the purposes of rescheduling or cancelling a session, a minimum of 48 hours’ notice must be given to us, i.e., all requests for rescheduling or cancelling a session must be made at-least 48 hours prior to the original appointment/session. No refunds shall be available for cancellation or rescheduling requests made less than 48 hours before the originally scheduled sessions. Sessions cannot be cancelled after the Cooling Off Period (as defined in clause 7.3) is over.

7.2 Should you have requested for your session to be rescheduled, we will offer you a new appointment, subject to our availability, and the fee paid towards your original session will be deemed paid towards the rescheduled session.

7.3 Cancellation of Service- You have the right to cancel your enrolment, for any reason by sending a notice of cancellation to us at any time within 14 (fourteen) days from the date of signing your onboarding agreement or booking a session online (‘Cooling Off Period’). The notice of cancellation shall be deemed to have been served as soon as it is posted to us, or in the case of electronic communication on the day it is sent to us. In this case, any payments made will be refunded less any administrative costs incurred by us.

If you instruct us to begin your coaching sessions before the end of the Cooling Off Period, you cannot cancel your enrolment once the coaching sessions have begun and you have attended your first session in WHICH CASE NO REFUND WILL BE AVAILABLE. You also cannot cancel your enrolment and claim a refund once the Cooling Off Period is over.

8 Referrals

8.1 Subject to your consent we can suggest or provide referrals to specialists where appropriate and suitable. We will always make best efforts to ensure that the most appropriate referral and recommendation is made where necessary.

8.2 Our referrals may not specify a named individual consultant but are made on an ‘open referral’ basis specifying the appropriate specialty.

8.3 We warrant that we do not earn any referral fee. Any referrals made by us will be to serve the clients’ best interests. However, it lies in the client’s sole discretion to seek the services of persons recommended by us. Since referrals merely constitute recommendations, we cannot make any warranties as to the quality of services nor can we guarantee that you will find the referral suitable. We do not assume liability for the referrals we make nor for the services provided by persons recommended by us.

9 Follow-ups

9.1 Follow-up sessions may be suggested on a case-by-case basis. We will recommend and encourage such number of follow-up sessions as we deem necessary to bring you closer to your goals.

9.2 We can only make recommendations in relation to follow-up sessions. However, booking a follow-up session lies at your sole discretion.

10 Non-transferability

10.1 You understand that our coaching programs may only be accessed by you, i.e. the individual who has enrolled into the program and who is therefore a client on our records. You warrant that you will not transfer your enrolment with us to another individual without our prior written consent.

11 Client’s responsibilities and warranties

Please note that you are responsible for:

11.1 your own development and for implementing any strategies learnt during the coaching sessions. In every session we may ask you to make notes to document ideas, and action points, you are free to participate in the exercise or decline. The purpose will always be to assist you, so as to help you achieve your goals, and to benefit from the coaching experience. However, it remains your responsibility to take forward the actions discussed.

11.2 attending your coaching sessions, whether 1-1 or group coaching in a timely and diligent manner.

11.3 providing accurate information to the coach about yourself, your business and anything that you are struggling with or need Tania Cuturi to assist you with.

11.4 Conduct– You agree to conduct yourself in a dignified and professional manner when engaging with your coach and/or with other program participants. You warrant that you will not engage in any activity that is detrimental to your health, safety and welfare and/or that of your coach and/or other program participants or that is disparaging to us and/or may be deemed as a nuisance to us and/or to other program participants. You acknowledge and agree that we reserve the right to remove you from our programs without liability and/or reimbursement, if we, in our sole discretion determine that your behaviour disparages us, creates a disruption or nuisance, or hinders our programs or the enjoyment of the coaching program by other participants.

11.5 Disclosure of pregnancy, health conditions and medical treatment– If you are pregnant, or have underlying health conditions, and/or are undergoing medical treatment, therapy, counselling or are on medication, you shall inform us of the same, and confirm with your doctor or advisor that receiving coaching from us is not restricted by your health conditions and that it will not interfere with the treatment you are undergoing. This is especially important as some of our coaching techniques may result in the release of emotions and/or may include breathwork. You shall at all times remember that our services are not a substitute for therapy or other medical treatment(s) that you have been prescribed to undergo by your doctor or medical advisor. You shall therefore not rely on our services in lieu of professional medical advice. We shall not be liable for any outcome resulting from and/or as a result of your failure to provide accurate information to us, and/or to disclose a pregnancy, health conditions and/or ongoing treatment.

11.6 Medical professional’s approval– It shall be your responsibility to consult with a medical professional prior to and regarding your participation in our coaching program. You represent and warrant that you are physically fit, and that you have no medical condition that would prevent your full participation in the coaching program(s) offered by us. You warrant that where you have a history of and/or existing medical conditions, you are participating in our coaching program only after receiving a qualified medical professional’s approval. In all cases you fully assume risks associated with participating in our coaching programs, including without limitation, any risks, conditions, injuries or damage, known or unknown, which you may suffer from and/or aggravate as a result of participating our coaching program(s).

11.7 Symptoms of contagious and/or infectious illnesses– If you are suffering from symptoms of a contagious and/or infectious illness, and/or have been in contact with someone who has been diagnosed with or has been suffering from symptoms of an infectious illness, you shall refrain from attending in-person sessions, in the best interests of your coach and fellow-participants.

11.8 Following instructions– You shall follow all the instructions relating to your coaching sessions/coaching program, including instructions relating to techniques taught during a session. We shall not be liable for any consequences arising from and/or as a result of your failure to follow instructions relating to coaching services offered by us.

11.9 Restriction on applying coaching techniques on third-parties– You warrant that you understand that techniques learnt and practiced during coaching sessions delivered to you by us, are taught by qualified coaches/professionals only, and that you shall therefore not teach nor attempt to teach the techniques followed or practiced during a coaching session to other individuals, as doing so may expose them to risks associated with following and/or practising wrong techniques.

11.10 Continuing Responsibility– It shall be your continuing responsibility to inform us and coach Tania Cuturi of any medical conditions that you may have developed, and/or injuries that you may have suffered prior to and/or after commencing coaching with us. We shall not be liable for any consequences arising from and/or as a result of your failure to disclose information of the above-mentioned nature to us.

12 Disclaimers, Limitation of Liability and Client Waiver

12.1 Disclaimers

12.1.1 The contents of our Website such as text, graphics, statistics, images, blogs and any other content made available through our Website (‘the Content’) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis or treatment. Tania Cuturi Coaching therefore assumes no liability if users of the Website rely on informative articles and/or Content published and made available on our Website.

12.1.2 Our Services do not constitute professional medical advice and are not intended to be a substitute for professional medical advice, diagnosis or treatment. Our coaching sessions do not involve therapy, psychiatric or otherwise and/or any medical treatment or diagnosis. Our coaching sessions should therefore not be relied upon as therapy or treatment in lieu of therapy or treatment that you would normally seek from a qualified medical professional. We always encourage you to seek the advice of your NHS care provider, GP or any other qualified health/medical professional with any questions you may have regarding a medical condition or your health in general.

12.1.3 The Parties agree that coaching is a partnership between the coach and the coachee, and the results and outcome of coaching largely depend on your own dedication, motivation and willingness to further the actions recommended during coaching sessions. Therefore, the results of coaching sessions differ for different individuals. You must not refer to and rely upon the results gained by others from coaching, as each individual’s experience and results will be unique.

12.1.4 Any comments made during our coaching sessions are expressions of opinion only.

12.1.5 You agree that coaching sessions may result in certain physical, emotional and/or psychological sensations, and that you are participating in coaching sessions delivered by Tania Cuturi Coaching being fully aware of the same.

12.2 Limitation of Liability and Client Waiver

12.2.1 EXCEPT AS STATED IN THESE TERMS, TANIA CUTURI COACHING MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPLICIT OR IMPLICIT WITH RESPECT TO THE COACHING SERVICES AGREED UPON AND RENDERED

12.2.2 WE DO NOT ASSUME LIABILITY FOR THE OUTCOME OF THE COACHING SESSIONS AS, THE RESULT OF COACHING SESSIONS DEPENDS ON A NUMBER OF FACTORS INCLUDING WITHOUT LIMITATION, THE CLIENT’S OWN COMMITMENT, DISCIPLINE, MOTIVATION AND DEDICATION TOWARDS THEIR GOALS AND THEIR APPROACH AND ATTITUDE TOWARDS COACHING.

12.2.3 WE SHALL NOT BE LIABLE TO CLIENTS AND/OR THIRD PARTIES FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES. WE SHALL NOT BE LIABLE TO ANY PERSON WHO IS NOT A PARTY TO THESE TERMS/AGREEMENT.

12.2.4 SUBJECT TO THE TERMS OUTLINED IN THIS CLAUSE 12 (DISCLAIMERS, LIMITATION OF LIABILITY AND CLIENT WAIVER), AND SAVE AND EXCEPT THE STATUTORY EXCEPTIONS TO LIMITED LIABILITY, SHOULD YOU HAVE ANY CLAIMS AGAINST TANIA CUTURI COACHING, OUR TOTAL LIABILITY, NOTWITHSTANDING THE DAMAGE INCURRED BY YOU, SHALL NOT EXCEED THE TOTAL PRICE OF THE COACHING SESSIONS/COACHING PACKAGE(S) THAT YOU HAVE PAID TO US FOR OUR SERVICES.

12.2.5 TANIA CUTURI COACHING DOES NOT WARRANT THAT OUR SERVICES, INFORMATION, CONTENT OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR SERVERS OR ELECTRONIC COMMUNICATION SENT BY US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND ARISING FROM THE USE OF OUR SERVICES, OR FROM ANY INFORMATION OR CONTENT AND/OR SERVICES, INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITE OR SERVERS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL LOSSES AND/OR DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

12.2.6 TANIA CUTURI COACHING WILL NOT BE RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL. IF OUR SUPPLY OF THE SERVICE IS DELAYED BY AN EVENT OUTSIDE OUR CONTROL SUCH AS A FORCE MAJEURE EVENT OR THE COACH’S ILLNESS, THEN WE WILL CONTACT YOU AS SOON AS POSSIBLE TO LET YOU KNOW AND WE WILL TAKE STEPS TO MINIMISE THE EFFECT OF THE DELAY. PROVIDED WE DO THIS WE WILL NOT BE LIABLE FOR DELAYS CAUSED BY THE EVENT, BUT IF THERE IS A RISK OF SUBSTANTIAL DELAY YOU MAY CONTACT US TO END THE SUPPLY OF SERVICE TO YOU OR TO CANCEL A SESSION AND RECEIVE A REFUND FOR ANY SESSIONS YOU HAVE PAID FOR BUT NOT RECEIVED.

12.2.7 OUR CLIENTS ARE NOT PERMITTED TO USE OUR COACHING MATERIAL AND/OR PROGRAMS FOR DISTRIBUTION TO THIRD PARTIES. SHOULD YOU USE OUR COACHING METHODS AND/OR OUR CONTENT FOR SERVICING THIRD PARTIES WE WILL NOT BE HELD LIABLE FOR THE CONSEQUENCES THEREOF.

12.2.8 WE MAY REFUSE TO PROVIDE SERVICES TO A PROSPECTIVE CLIENT IF WE ASSESS THEIR REQUIREMENTS TO BE OUTSIDE OF OUR REMIT, OR WHERE WE FEEL THAT THE PARTIES ARE NOT A GOOD FIT FOR EACH OTHER. YOU AGREE FOR YOURSELF AS WELL AS YOUR HEIRS, ASSIGNS AND REPRESENTATIVES NOT TO HOLD US LIABLE FOR SUCH REFUSAL.

12.3 CLIENT WAIVERS: YOU ACKNOWLEDGE THAT TANIA CUTURI COACHING HAVE MADE FULL DISCLOSURE REGARDING THE IMPLICATIONS OF PARTICIPATING IN COACHING SESSIONS DELIVERED BY US. IN CONSIDERATION OF BEING PERMITTED PARTICIPATION IN THE COACHING SESSIONS, YOU AGREE TO ASSUME FULL RESPONSIBILITY, AND FOR YOURSELF AS WELL AS YOUR HEIRS, ASSIGNS, SUCCESSORS, EXECUTORS, ADMINISTRATORS AND LEGAL REPRESENTATIVES KNOWINGLY, VOLUNTARILY AND EXPRESSLY WAIVE ANY CLAIM YOU MAY HAVE AGAINST TANIA CUTURI COACHING FOR ANY RISKS, EMOTIONAL AND/OR PSYCHOLOGICAL SENSATIONS AND/OR OUTBURSTS, REACTIONS, REFLECTIONS AND/OR DECISIONS ARISING FROM AND/OR AS A RESULT OF PARTICIPATING IN THE COACHING SESSIONS DELIVERED BY US.

13 Insurance

13.1 At Tania Cuturi Coaching, we maintain professional indemnity insurance.

14 Intellectual Property

14.1 Please note that all the coaching sessions and content relating to the sessions are owned exclusively by Tania Cuturi Coaching and all the trade marks, logos and Content published on the Tania Cuturi Coaching Website are the sole and exclusive property of Tania Cuturi Coaching.

14.2 Users of the Website may refer to the Content for reference and information purposes only. However, users are not permitted to reproduce, publish, distribute or communicate to the public our Content. Doing the above-mentioned acts without our express consent will constitute a violation of our Intellectual Property Rights, entitling us to seek remedies available at law and equity.

14.3 You agree that we own all Intellectual Property Rights to the information provided to you through our coaching sessions and you shall not reproduce, publish, distribute or communicate the coaching sessions and/or Content to third parties. Doing the above-mentioned acts without our express consent will constitute a violation of our Intellectual Property Rights, entitling us to seek remedies available at law and equity.

14.4 For the purposes of these Terms ‘Intellectual Property’ means inventions, innovations, patents, trade marks, service marks, copyright and related rights, design rights, database rights, whether registered or not, goodwill, the right to sue for passing off, and includes applications made for the protection, extension and/or renewal of the afore-mentioned rights in any part of the world.

15 Confidential information

15.1 The Parties hereby acknowledge that during the course of a coaching session or during the course of a dealing, the Parties may be given access to each other’s Confidential Information and data relating to each other or each other’s businesses. For the purposes of these Terms, ‘Confidential Information’ shall mean any information relating to a Party that has been designated by the Party to whom the information belongs (‘Owning Party’) as ‘confidential’, whether verbally or in writing or which the receiving Party (‘Receiving Party’) ought to have known is confidential in light of the fact that the information is not in the public domain. Confidential Information shall include, without limitation, personal information, creative content, announcements not yet in the public domain, upcoming projects, coaching techniques, ongoing negotiations, contracts, research development, product plans, products, services, diagrams, formulae, processes, techniques, technology, firmware, software, know-how, designs, ideas, discoveries, inventions, improvements, copyright, trade marks, trade secrets, customers’ lists, suppliers’ lists, markets, marketing strategies, finances disclosed either directly or indirectly in writing, orally or visually by the Owning Party.

Confidential Information does not include information which:

(i) is or comes into the public domain without the breach of these Terms by the Receiving Party

(ii) was in the possession of the Receiving Party prior to the receipt of such information by it from the Owning Party or information that was not acquired by the Receiving Party from the Owning Party under an obligation of confidentiality or non-use

(iii) is acquired by the Receiving Party from a third party not under any obligation of confidentiality or non-use to the Owning Party

(iv) developed independently by either of the Parties.

15.2 Obligations of Non-Disclosure and Non-Use

Unless otherwise agreed to in advance and in writing by the Owning Party, the Receiving Party will not, except as required by law or under a court order, use the Confidential Information for any purpose other than for the purposes of this Agreement. In addition, neither Party will disclose the Confidential Information belonging to the Owning Party to any third party nor use it for the benefit of themselves or of any third party.
Tania Cuturi Coaching may disclose the client’s Confidential Information including without limitation, a client’s Personal Data such as but not limited to client’s name, address email address, date and duration of the coaching session to its employees, independent contractors, free-lancers, consultants, partners, co-workers (as applicable) on a ‘need to know basis’ only which means that Tania Cuturi Coaching may disclose the Confidential Information only to those of its employees, independent contractors, freelancers, consultants, partners or co-workers who need to know such information for the performance of Services and/or for the conduct of our business. Tania Cuturi Coaching may also disclose information to the ICF in the manner and for the purposes mentioned in clause 5.9 of these Terms.

16 Force Majeure

16.1 Force Majeure means any event or combination of events or circumstances beyond the control of a Party which cannot:

(a) by the exercise of reasonable diligence, or
(b) despite the adoption of reasonable precaution and/or alternative measures be prevented, or caused to be prevented, and which materially and adversely affects a Party’s ability to perform its obligations under this Agreement.

A Force Majeure event shall include acts of God, fire, storm, flood, earthquake, explosion, accident, coach’s illness, acts of the public enemy, war, rebellion, insurrection, sabotage, epidemic, pandemic, quarantine restrictions, lockdown, government sanctions, labour dispute, labour shortage, power shortage, shortage of raw material, lack of access to any equipment or materials, ceasing to be entitled to access the internet for whatever reason, server crashes, deletion, corruption, loss or removal of data, transportation embargo, failure or delay in transportation, any act or omission (including laws, regulations, disapprovals or failures to approve) of any government or government agency and/or any other analogous event.

16.2 If Tania Cuturi Coaching is wholly or partially precluded from complying with its obligations under these Terms and Conditions by Force Majeure, then its obligation to perform its contractual obligations shall be governed by clause 12.2.6 of these Terms.

17 Feedback

17.1 Tania Cuturi Coaching welcomes all feedback, and you can contact us by phone (our contact number is available on our website) or by emailing us at tania@taniacuturi.com.

17.2 Although we strive to provide our clients with the best possible experience, in the event you are dissatisfied with our Services we will always endeavour to resolve the issue quickly and easily.

18 Contact Tania Cuturi Coaching

18.1 Please submit any questions you have about these Terms or your sessions by emailing us at tania@tanicuturi.com or by filling out our online form at https://taniacuturi.com/contact/

19 Severance

19.1 If any term or provision of these Terms and Conditions is, or becomes invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed from these Terms. Any modification to, or severance of a provision under these Terms shall not affect the validity and enforceability of the rest of these Terms.

The remainder of the provisions hereof shall continue in full force and effect as if these Terms had been agreed with the invalid, illegal or unenforceable provision eliminated.

20 Governing Law and Dispute Resolution

20.1 These Terms and Conditions shall be governed by the laws of England and Wales.

20.2 While we do not anticipate this and will always strive to make our clients happy, in the event of any dispute arising from or as a result of these Terms, the Parties agree to resolve it by amicable settlement. Should all efforts at amicable settlement fail (such efforts lasting for at-least 30 days from the date on which the grievance or dispute arose) the Parties shall refer the dispute to a mutually appointed mediator who shall be a neutral person with no ties to either Party and who shall have an experience of at-least 12 months resolving commercial disputes in the United Kingdom. The costs of mediation shall be shared equally by the Parties. The Parties agree to uphold the settlement arrived at, at the conclusion of mediation. Should mediation fail, the courts of England and Wales shall have jurisdiction over any disputes arising under the Agreement.

21 Entire Agreement

21.1 These Terms contain the entire agreement between the Parties relating to the subject matter and at the time of dealing with us supersede any previous agreements, arrangements, undertakings or proposals, oral or written.

Tania Cuturi Coaching reserves the right to vary these Terms, and we request you to refer to these Terms at regular intervals to ensure that you stay completely updated.