Standard Terms of Business for Sue Holmes, Fire Horse, Fire Horse Trinity Training Ltd and The Modern Shaman Academy.
YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSE 7
In these terms and conditions:
‘we’, ‘us’ and ‘our’ means Sue Holmes, Fire Horse and Fire Horse Trinity Training Ltd, a business whose head office address is situated at 127 Bay Tree Road, Bath BA1 6NG; ‘you’ means you, the client.
1. AGREEMENT
1. By requesting that we provide services to you, you agree that the provision of any services to you by us will be subject to these terms and conditions (the Contract).
2. The Contract shall be deemed to have commenced when we accept in writing or by email your request for services (Commencement Date).
3. The Contract constitutes the entire agreement between the parties. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out in the Contract.
4. These conditions apply to the Contract to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2. SUPPLY OF SERVICES
1. We will spend time supplying the services (eg feng shui consultation, space clearing, holistic healing, workshops or training) that you request to the specifications agreed in writing or email from time to time by us. For the avoidance of doubt, you are contracting with us to purchase our time.
2. We will use all reasonable endeavour to meet any performance dates agreed with you but any such dates shall be estimates only and time shall not be of the essence for performance of the services.
3. We shall have the right to make any changes to the services which are necessary to comply with any applicable legal or similar requirement. We will notify you in any such event.
4. We will provide the services using reasonable care and skill.
3. YOUR OBLIGATIONS
1 You will:
(a) inform us of any changes, amendments or corrections to your requirements in good time; (b)provide us with such information as we may reasonably require to supply the services, and ensure that it is accurate and complete; and
(c) obtain and maintain all necessary licences, permissions and consents which may be required in good time.
2 If our performance of any of our obligations under the Contract is prevented or delayed by any act or omission by you or failure by you to perform any relevant obligation (Customer Default):
(a) we shall without limiting its other rights or remedies have the right to suspend performance of the Services until you remedy the Customer Default, and to rely on the Customer Default to relieve it from the performance of any of its obligations to the extent the Customer Default prevents or delays our performance of any of our obligations;
(b) we shall not be liable for any costs or losses sustained or incurred by you arising directly or indirectly from our failure or delay to perform any of its obligations as set out in this clause 3.2; and
(c) you will reimburse us on written demand for any costs or losses sustained or incurred by us arising directly or indirectly from the Customer Default.
4. CHARGES AND PAYMENT
1 Our charges are based on our hourly rate as in force from time to time.
2 We will provide you with a written estimate by either letter or email. The estimate will include details of any expenses which we may reasonably incur in connection with the Services including, but not limited to, travel expenses, hotel costs, subsistence and any associated expenses, and for the cost of services provided by third parties and required by us for the performance of the Services, and for the cost of any materials.
3 If you request any further Services, they will be charged in accordance with our hourly rate or, where given, a further estimate.
4 We may invoice you monthly or on such other terms as we may agree.
5 You agree to pay each invoice in full (including all amounts charged and any applicable VAT or other taxes) submitted by us within 7 days of the date of the invoice and in cleared funds to a bank account nominated in writing or email by us. Time for payment shall be of the essence of the Contract.
6 Without limiting any of our other rights or remedies, if you fail to make full payment due under the Contract by the due date for payment, we will have the right to charge interest on the overdue amount at the rate of 8 per cent per annum above the prevailing Bank of England base rate accruing on a daily basis from the Due Date until the date of actual payment of the overdue amount, whether before or after judgment, and compounding quarterly.
7 You will pay all amounts due under the Contract in full without any deduction or withholding except as required by law and you will not be entitled to assert any credit, set- off or counterclaim against us in order to justify withholding payment of any such amount in whole or in part.
8. All deposits are non-refundable.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by us unless otherwise explicitly agreed in writing.
6. CONFIDENTIALITY
1 We agree to keep all information that we receive about you confidential and we expect the same confidentiality from you. This clause governs that mutual confidentiality.
2 A party (Receiving Party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party's business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party's obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause 6 shall survive termination of the Contract.
7. LIMITATION OF LIABILITY: YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE
1 Nothing in these Conditions shall limit or exclude our liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
2 Subject to clause 7.1:
(a) we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
(b) our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount payable by you to us under this contract for the Services.
3 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.
4 This clause 7 shall survive termination of the Contract. 8. CANCELLATION AND TERMINATION
8.1 If you are acting as a consumer, in accordance with The Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your instructions within 7 days of instructing us.
(a) You do not need to give us any reason for doing so. Although, we would be grateful to receive your reason for cancellation to assist us in the future provision of our services. The effect of cancellation within this period is that the contract shall be treated as if it had not been made. In this case where no work has been undertaken you will receive a full refund of any money you have paid to us for our service. However, your order is primarily for the provision of services, therefore, you accept and understand that should you instruct us to carry out work on your behalf within this 7 day period we reserve the right to charge for the work incurred as a direct or indirect cause of your initial request to us. This will then form the entire contract.
(b) After this 7 day cooling off period you will not be able to cancel the contract once delivery and performance of the service has begun. However, you can obviously end your instructions to stop the continuation of the contract.
8.2 Without limiting our other rights or remedies, we may terminate the Contract with immediate effect by giving written notice if:
1. (a) you commit a material breach of the Contract and (if such a breach is remediable) fails to remedy that breach within 14 calendar days of that party being notified in writing of the breach;
2. (b) you become insolvent, enter into liquidation or bankruptcy, a resolution or order is made for winding up, a receiver or administrator is appointed, a composition with your creditors is made or you threaten to cease or cease carrying on business.; or
3. (c) you (being an individual) die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation; or
4. (d) you fail to pay any amount due under this Contract on the due date for payment.
Without limiting our other rights or remedies, each party shall have the right to terminate the Contract by giving the other party one month’s written notice.
9. CONSEQUENCES OF TERMINATION
On termination of the Contract for any reason:
1. (a) you agree to pay immediately all of our outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, we will submit an invoice, which shall be payable by you immediately on receipt;
2. (b) you agree to return all of the our materials which have not been fully paid for. If you do not, you will be responsible for their safe keeping and we may enter your premises and take possession of them;
3. (c) the accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination will not be affected; and
4. (d) clauses which expressly or by implication have effect after termination will continue in full force and effect.
10.GENERAL
1 Force majeure:
(a) For the purposes of this Contract, Force Majeure Event means an event beyond our reasonable control including but not limited to strikes, lock-outs, lockdowns or industrial disputes (whether involving our workforce or any other party), failure of commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, pandemic or default of suppliers or subcontractors.
(b) We shall not be liable to you as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.
(c) If the Force Majeure Event prevents us from providing any of the Services for more than 21 days, we shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to you.
2 Assignment and subcontracting:
(a) We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under the Contract and may subcontract or delegate in any manner any or all of our obligations under the Contract to any third party or agent.
(b)You shall not, without our prior written consent, assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under the Contract.
Notices:
(a) Any notice or other communication required to be given to a party under or in connection with this Contract shall be in writing and shall be delivered to the other party personally or sent by prepaid first-class post, recorded delivery, at its registered office (if a company) or (in any other case) its principal place of business.
(b) Any notice or other communication shall be deemed to have been duly received if delivered personally, when left at the address referred to above or, if sent by pre-paid first- class post or recorded delivery, at midday on the second Business Day after posting. (c)This clause 10.3 shall not apply to the service of any proceedings or other documents in any legal action.
Waiver:
(a) A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
(b) Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
5. Severance:
(a) If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
(b) If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
6 Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party to be the agent of another party for any purpose.
7 A person who is not a party to the Contract shall not have any rights under or in connection with it.
8 Except as set out herein, any variation to the Contract, shall only be binding when agreed in writing by us.
9 This Contract, and any dispute arising out of or in connection with it, shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
DISCLAIMER, RELEASE AND ASSUMPTION OF RISK:
I hereby swear that I have been and will continue to be wholly truthful and honest about my health history and current conditions and any medications that I am taking.
I am choosing to participate in this healing session or ceremony by my own free will.
I understand that Sue Holmes, Fire Horse, Fire Horse Trinity Training Ltd and The Modern Shaman Academy makes no claims to diagnose or cure illnesses.
I take full responsibility for myself, my healing process and after care.
I understand that a healing session or ceremony can bring difficult feelings, emotions and memories to the surface.
I understand that it is impossible to predict or expect specific results with shamanic energy healing, holistic healing and complimentary therapies.
I understand that if I have, or suspect I have a medical problem, I should see my doctor or professional health care provider about this. I understand that healing is not a substitute for medical treatment. This healing session is not to be used in place of standard medical, nutritional or general health care or advice by a licensed health professional.
I will not sue or take court action against Sue Holmes, Fire Horse, Fire Horse Trinity Training Ltd or The Modern Shaman Academy for any injury, illness or health problems occurring during or after this healing session and/or any other activities with Sue Holmes.
I release and waive all claims against Sue Holmes, Fire Horse, Fire Horse Trinity Training Ltd and The Modern Shaman Academy from any and all liability, claims, or damages of any kind whatsoever.
This agreement shall serve as a release and assumption of risk for me, my heirs, executors, administrators and assigns and all members of my family. By agreeing to this, I am allowed to participate in healing sessions and ceremonies with Sue Holmes, Fire Horse, Fire Horse Trinity Training Ltd and The Modern Shaman Academy.