TERMS AND CONDITIONS FOR BEYOND CHOCOLATE COURSES & MEMBERSHIPS
I, the participant/member, agree to participate in this course and Beyond Chocolate Limited (‘Beyond Chocolate’) agrees to provide this course on the terms and conditions set out below:
A – PARTICIPANT’S/MEMBERS’ GENERAL OBLIGATIONS
1. I understand that this approach is informative and educational and not psychotherapy, nor a substitute for psychotherapy, professional medical or other therapeutic advice in any way. Further I acknowledge that each individual’s success depends on his or her history, dedication, desire and motivation.
2. I understand that the approach may involve physical, mental, intellectual and emotional activity, including exercises that may tax my physical, intellectual, mental and emotional capacity. I understand and acknowledge that my participation in Beyond Chocolate’s course/membership is purely voluntary and that at all times I am free to choose NOT to participate in any or all of the activities. I acknowledge my responsibility for exercising my own judgment and discretion in choosing what, if any, parts of the course/membership I participate.
3. I acknowledge that Beyond Chocolate and its officers, licensees and representatives are not doctors and are not dispensing medical advice in any Beyond Chocolate course/membership activity. I understand that only my personal doctor and/or therapist can advise me concerning any issues that may arise as a result of my participation. I take responsibility for consulting with a medical doctor and/or therapist prior to participating in the course/becoming a member concerning any known or potential physical, mental or emotional condition, which I have or may have, and to ask for medical or therapeutic permission to participate. I accept the risk, of any physical or other injury, illness or conditions that may befall me, and hereby release Beyond Chocolate and its officers, licensees and representatives from any liability, relating to my participation on the course or as a member of the community (subject to paragraph E(2) below).
4. I authorize Beyond Chocolate and its officers, licensees and representatives, to take any reasonable steps on my behalf in case of any physical or other injury, illness or condition I might suffer during a course. They may but are not obliged to apply emergency first aid, engage physicians of any kind, nursing services, ambulance services or any other services or personnel deemed reasonable or necessary in their discretion and judgment. I knowingly and voluntarily release Beyond Chocolate, its officers, licensees and representatives of and from any liability, claims, suits and damages including without limitation costs arising out of the engagement of such services and/or personnel on my behalf (subject to paragraph E(2) below).
5. I acknowledge and agree that, other than as expressly set out in Beyond Chocolate’s course/membership description, I am fully responsible for organising and funding all arrangements relating to my participation in the course/membership, including without limitation internet access, telephone charges, refreshments, travel and accommodation.
6. I hereby confirm that I have read, understood and accept these terms and conditions. Further I have answered all questions provided to me by Beyond Chocolate (including without limitation those contained in the Participant/Member Questionnaires) completely and honestly and have not withheld any information. My general health as far as I am aware, is good. I agree to notify Beyond Chocolate immediately should my answers or health change.
B – TIMELINESS
1. I agree to be punctual in my participation on the course (and each part thereof) in accordance with the timings set out in the course description and understand that it is important to be punctual for my benefit and that of Beyond Chocolate and other participants.
2. If I am late for a course or part thereof, the course/part of the course will still end at the agreed time for that session and I may be denied entry.
3. If Beyond Chocolate begins a course or part of a course late, Beyond Chocolate may extend the time the course was due to finish.
4. I acknowledge that, should I choose a course with telephone support sessions, in order to ensure Beyond Chocolate is available at a time that suits me, I will book sessions in advance rather than from week to week.
C – PAYMENT, REFUND AND CANCELLATION POLICY
1. I will make all payments relating to the course fees in the instalments and at the times set out in the relevant Beyond Chocolate course/membership description. Failure to do so may result in me being prohibited from participating in all or part of the course.
2. Should I wish to cancel my participation in any course (other than a telephone support session), I will send an email to email@example.com stating my name, contact details and the date, time and location of the course that I have booked and wish to cancel as soon as reasonably possible. Should I wish to cancel a telephone support session, I will email or telephone the relevant Beyond Chocolate licensee (‘Chocolate Fairy’) who had been due to provide me with support on the call, stating my name, contact details and the date and time of the call that I have booked and wish to cancel as soon as reasonably possible.
3. In relation to workshop courses, provided I have given Beyond Chocolate notice of cancellation at least 30 days before the workshop course date, I understand that Beyond Chocolate will refund workshop course fees, and may in its discretion transfer me onto to an alternative course (of the same value and run by the same Chocolate Fairy, or any other Chocolate Fairy at Beyond Chocolate’s discretion), and I will pay an additional 10% administration fee to Beyond Chocolate. Beyond Chocolate will not refund or transfer workshop course fees if I cancel my booking within 30 days of a workshop course date except in exceptional circumstances and then only at the discretion of Beyond Chocolate. I understand that if I do not attend one or more sessions of ongoing workshop courses, the workshop course fees for the session(s) I miss are not refundable and cannot be transferred to other dates (unless I have provided valid notice of cancellation of the whole course at least 30 days in advance of the start date of the first session as mentioned above).
4. I agree that all membership fees are non refundable and non transferable.
5. I agree that all telephone support course fees are non refundable and non transferable to other dates, unless I cancel a telephone support session at least 48 hours before the time of the relevant call. If I do provide such notice of cancellation, the relevant Chocolate Fairy will suggest 3 alternative dates and times for a call and if I am available on one of the alternative dates and times, the call will be rescheduled to that time with no extra payment to Beyond Chocolate. Should I cancel a call within 48 hours of the agreed start date and time of the relevant call, or if I am unavailable on all of the alternative dates and times for the call suggested by the Chocolate Fairy, then Beyond Chocolate is under no obligation to provide a refund or transfer the call to another date. For the purpose of calculating the 48 hour notice period in this paragraph, notice of cancellation must be given to the relevant Chocolate Fairy between Monday to Friday in any week; any notice given on a Saturday and Sunday will not take effect until the following Monday.
6. In the event of cancellation of any course or part thereof by Beyond Chocolate, I acknowledge that Beyond Chocolate will endeavour to inform me at least two weeks before the course or part thereof would have taken place, although I understand that this is not always possible (especially in relation to e-course or telephone support sessions). Beyond Chocolate will reimburse me in full for all course fees relating to the relevant course or part thereof I have paid up to and including the date of cancellation, but I agree that Beyond Chocolate will not reimburse me in relation to any other costs that I may have incurred relating to my participation on the course, including without limitation travel, accommodation etc, nor for any part of the course in which I have already participated and/or has not been cancelled.
7. Where Beyond Chocolate varies the date of any course, I may request a refund if the new dates are not convenient for me and Beyond Chocolate will reimburse me in accordance with paragraph C(6) above.
D – CONFIDENTIALITY
2. I acknowledge however that online support and telephone support course calls and supportemails may be recorded for Beyond Chocolate’s training and quality control purposes.
3. Further, I agree that Beyond Chocolate may share all matters discussed or disclosed by me with its officers, licensees and representatives. I will inform Beyond Chocolate if I wish my information to be provided anonymously.
4. I understand that, should I attend a Beyond Chocolate workshop course at any time during or following membership or telephone support course, Beyond Chocolate will not refer to my sessions or any information shared during those sessions during such workshop course.
E – LIABILITY
1. I agree that Beyond Chocolate is not responsible for any liabilities that may arise in relation to my use of or reliance on the information or materials provided to me on the course/membership.
2. Nothing in this agreement is intended to exclude liability for death and/or personal injury other than to the extent permitted by law.
3. Information on Beyond Chocolate’s web site and the courses/membership may contain links or references to other sites. Other sites may contain links or references to Beyond Chocolate’s web site but I understand Beyond Chocolate does not endorse, and is not responsible for, any product or service offered by any entity other than Beyond Chocolate.
F – INTELLECTUAL PROPERTY
1. All course and membership materials and information provided to me are owned and controlled by Beyond Chocolate and may be varied by Beyond Chocolate at any time. I may not copy, edit, distribute, sell and/or use any part of the course or materials in any way other than as expressly permitted and instructed by Beyond Chocolate during my participation in the course. I acknowledge and agree that Beyond Chocolate will assert its intellectual and other property rights as the owner and controller of the course should I breach this term and I will be liable for all costs and damages that may arise as a result of such breach on an indemnity basis.
2. I hereby grant Beyond Chocolate an irrevocable, perpetual, royalty free, worldwide license of all rights, title and interest (including, without limitation, all intellectual property rights however arising and in whatever media throughout the world), in all ideas and/or materials I disclose during any course/membership activity (whether orally, in writing or electronically) and waive any and all moral rights in respect thereof. I agree that Beyond Chocolate will not return to me any such materials and any such ideas and material will not be treated as confidential (subject to paragraph D(1)) and Beyond Chocolate may use them within future courses/membership activities and/or in any other manner whatsoever.
G – GOVERNING LAW
These terms and conditions are subject to the laws of England and Wales and any dispute shall be governed by the courts of England.
If you have any questions, please get in touch with us on firstname.lastname@example.org or call us on 0844 8001926