Please read these Terms and Conditions carefully.
All contracts that the Clarartcoach performance may enter from time to time [for the provision of the performance services] shall be governed by these Terms and Conditions, and the Clarartcoach will ask the Client for the Client's express written acceptance of these Terms and Conditions before providing [any services] to the Client. 1. Definitions 1.1 In these Terms and Conditions[, except to the extent expressly provided otherwise]: "Business Day" means any weekday other than a bank or public holiday in [England]; "Business Hours" means the hours of [09:00 to 19:00 GMT/BST] on a Business Day;
"Charges" means the following amounts: (a) [the amounts specified in Section 4 of the Statement of Work]; (b) [such amounts as may be agreed in writing by the parties from time to time]; and (c) [amounts calculated by multiplying the music performance`s [standard time-based charging rates (as notified by the Clarartcoach to the Client before the date of the Contract)] by the time spent by the Clarartcoach `s personnel performing [the music performance Services] (rounded [down by the performance to the nearest quarter hour])]; "Client" means the person or entity identified as such in Section 1 of the Statement of Work; "Client Premises" means [any premises owned or controlled by the Client at which the parties expressly or impliedly agree the personnel of the Clarartcoach shall provide music performance Services]; " Clarartcoach singer" means [clarartcoach.com, Klara Bogi, at this section agreement as like as singer] of [Lytham StAnnes, FY8 1UR]
"Contract" means a particular contract made under these Terms and Conditions between the Clarartcoach – singer - and the Client; "Effective Date" means [the date of execution of a Statement of Work incorporating these Terms and Conditions]; "Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including [power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars]);
"Services" means the coaching services specified in Section 2 of the Statement of Work; "Statement of Work" means a written statement of work agreed by or on behalf of each of the parties; "Term" means [the term of the Contract, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2]; and "Terms and Conditions" means all the documentation containing the provisions of the Contract, namely the main body of these Terms and Conditions and the Statement of Work, including any amendments to that documentation from time to time. 2. Term 2.1 The Contract shall come into force upon the Effective Date. 2.2 The Contract shall continue in force until: (a) all the Services – music performance - have been completed; and (b) all the Charges have been paid in cleared funds, upon which it will terminate automatically], subject to termination in accordance with Clause 13.
2.3 Unless the parties expressly agree otherwise in writing, each Statement of Work shall create a distinct contract under these Terms and Conditions. 3. Services – music performance 3.1 The Singer (vocalist) shall provide the Services to the Client in accordance with these Terms and Conditions. 3.2 The Singer (vocalist) shall provide the Services with skills and care 3.4 The Singer (vocalist) shall devote such of its personnel's time and expertise to the performance of the Services as may be necessary for their satisfactory and timely completion.
3.5 The Singer (vocalist) shall comply with all reasonable requests and directions of the Client in relation to the Services. 4. Services appointments 4.1 The Clarartcoach/Singer shall provide the Services during appointments commencing on the date(s) and at the time(s) agreed from time to time between the parties [ in writing]]. 4.3 If a party wishes to reschedule a Services appointment, then that party must give to the other party a written request for such rescheduling at least [10 Business Days] before the Services appointment is due to commence. In these circumstances, each party will use all reasonable endeavours to agree an alternative Services appointment.
4.4 The Client may cancel a Services appointment by giving to the Clarartcoach/Singer at least [14 days'] written notice of cancellation. If the Client cancels a Services appointment in accordance with this Clause 4.4, then the Client shall be released from any liability to pay Charges in respect of the relevant Services and shall be entitled to a refund of any Charges previously paid in respect of those Services.
4.5 If the Clarartcoach/Singer is unable to attend a Services appointment by reason of [personnel shortage or illness], then providing the Clarartcoach/Singer has give you a writing notice before 2 business day. If there is a serious illness or events while the Singer could not able to performing the full amount of the Charges refund what was previously paid for the Service. (a) the Clarartcoach/Singer shall not be in breach of these Terms and Conditions or otherwise liable to the Client in respect of a failure to supply the relevant Services; and (b) the Client shall be released from any liability to pay Charges in respect of the relevant Services and shall be entitled to a refund of any Charges previously paid in respect of those Services.
6. Client Premises 6.1 The Client shall: (a) [promptly provide to the Clarartcoach/Singer such access to the Client Premises as is reasonably required by the Singer for the provision of the Services]; and (b) [maintain the Client Premises in good order for the supply of the Services and in accordance with all applicable laws].
6.2 The Clarartcoach/Singer shall use all reasonable measures to secure any keys, and any other means of access, supplied by the Client to the Singer for the purpose of enabling the Singer`s personnel to enter and work at the Client Premises. 7. Charges 7.1 The Client shall pay the Charges to the Singer– clarartcoach - in accordance with these Terms and Conditions.
7.2 If the Charges are based in whole or part upon the time spent by the performing Singer/vocalist the Services, the Singer must obtain the Client's written consent before performing Services that result in any estimate of time-based Charges given to the Client being exceeded or any budget for time-based Charges agreed by the parties being exceeded; and unless the Client agrees otherwise in writing, the Client shall not be liable to pay to the Clarartcoach/Singer any Charges in respect of Services performed in breach of this Clause 7.2. 7.3 All amounts stated in or in relation to these Terms and Conditions are, unless the context requires otherwise, stated inclusive of any applicable value added taxes.
7.4 The Clarartcoach/Singer may elect to vary [any element of the Charges] by giving to the Client not less than [14 days'] written notice of the variation[ expiring on [any anniversary of the date of execution of the Contract] 8. Payments – rescheduling session, cancellations 8.1 The Yoga Instructor – clarartcoach - shall issue invoices for the Charges to the Client from time to time during the Term . 8.2 The Client must pay the Charges to the Singer – clarartcoach - within the period of [14 days] following [the issue of an invoice in accordance with this Clause 8]. 8.3 The Client must pay the Charges by bank transfer or Pay Pal. Full payment will apply. My fees may be tax deductible as a business expense. Please check with your bookkeeper.
8.4 You may cancel or reschedule the Performance without charge by providing a minimum of 10 working days’ written notice before the start the Performance. Late cancellations will be charged in 30% of the full price. If you wish to cancel the agreement and payments within 30 business days of the date indicated, you may do so for a full 100% refund of any monies paid. The cancellation must provide to me over email. However, you have the right to transfer the Service to someone you know (friend, family member), as long as you provide this notice to me via email in writing. 8.4 If the Client does not pay any amount properly due to the Singer – clarartcoach - under these Terms and Conditions, Clarartcoach may close the contract.
9. Distance and off-premises contracts: cancellation right 9.1 This Clause 9 applies if and only if the Client enters into the Contract with the Singer – clarartcoach - as a consumer - that is, as an individual acting wholly or mainly outside the Client's trade, business, craft or profession - where the Contract is a distance contract or off-premises contract within the meaning of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
9.2 The Client may withdraw an offer to enter into the Contract with theSinger – clarartcoach - at any time; and the Client may cancel the Contract entered into with the Singer – clarartcoach - at any time within the period: (a) beginning when the Contract was entered into; and (b) ending at the end of 14 days after the day on which the Contract was entered into, subject to Clause
9.3. The Client does not have to give any reason for the withdrawal or cancellation. 9.3 The Client agrees that the Singer – clarartcoach - may begin the provision of services before the expiry of the period referred to in Clause 9.2, and the Client acknowledges that, if the Singer – clarartcoach - does begin the provision of services before the end of that period, then: (a) if the services are fully performed, the Client will lose the right to cancel referred to in Clause
9.2; and (b) if the services are partially performed at the time of cancellation, the Client must pay to the Singer – clarartcoach - an amount proportional to the services supplied or the Coach may deduct such amount from any refund due to the Client in accordance with this Clause 9. 9.4 In order to withdraw an offer to enter into the Contract or cancel the Contract on the basis described in this Clause 9, the Client must inform the Singer– clarartcoach - of the Client's decision to withdraw or cancel (as the case may be). The Client may inform the Siger – clarartcoach - by means of any clear statement setting out the decision. In the case of cancellation, the Client may inform the Singer– clarartcoach - using the cancellation form that the Singer – clarartcoach - will make available to the Client. To meet the cancellation deadline, it is sufficient for the Client to send its communication concerning the exercise of the right to cancel before the cancellation period has expired.
9.6 The Singer – clarartcoach - will refund money using the same method used to make the payment, unless the Client has expressly agreed otherwise. In any case, the Client will not incur any fees as a result of the refund. 9.7 The Singer – clarartcoach - will process the refund due to the Client as a result of a cancellation on the basis described in this Clause 9 without undue delay and, in any case, within the period of 14 days after the day on which the Singer – clarartcoach - is informed of the cancellation. 10. Warranties 10.1 The Singer – clarartcoach - warrants to the Client that it has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions. 10.2 The Client warrants to the Singer – clarartcoach - that it has the legal right and authority to enter into the Contract and to perform its obligations under these Terms and Conditions. 10.3 All of the parties' warranties and representations in respect of the subject matter of the Contract are expressly set out in these Terms and Conditions. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of the Contract will be implied into the Contract or any related contract.
11. Limitations and exclusions of liability 11.1 Nothing in these Terms and Conditions will: (a) limit or exclude any liability for death or personal injury resulting from negligence; (b) limit or exclude any liability for fraud or fraudulent misrepresentation; (c) limit any liabilities in any way that is not permitted under applicable law; or (d) exclude any liabilities that may not be excluded under applicable law, and, if a party is a consumer, that party's statutory rights will not be excluded or limited by these Terms and Conditions, except to the extent permitted by law. 11.2 The limitations and exclusions of liability set out in this
Clause 11 and elsewhere in these Terms and Conditions: (a) are subject to Clause 11.1; and (b) govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.
11.3 The Singer – clarartcoach - will not be liable to the Client in respect of any losses arising out of a Force Majeure Event. 11.4 The Singer – clarartcoach - will not be liable to the Client in respect of any loss of profits or anticipated savings. 11.5 The Singer – clarartcoach - will not be liable to the Client in respect of any loss of revenue or income.
11.6 The Singer – clarartcoach – will not be liable to the Client in respect of any loss of business, contracts or opportunities. 11.7 The Singer – clarartcoach - will not be liable to the Client in respect of any special, indirect or consequential loss or damage. 11.8 The liability of the Singer – clarartcoach - to the Client under the Contract in respect of any event or series of related events shall not exceed the greater of: (a) [amount]; and (b) [the total amount paid and payable by the Client to the Singer – clarartcoach - under the Contract in the [12 month] period preceding the commencement of the event or events]. 12. Force Majeure Event
12.1 If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under the Contract[ (other than any obligation to make a payment)], that obligation will be suspended for the duration of the Force Majeure Event. 12.2 A party that becomes aware of a Force Majeure Event which gives rise to, or which is likely to give rise to, any failure or delay in that party performing any obligation under the Contract, must: (a) promptly notify the other; and (b) inform the other of the period for which it is estimated that such failure or delay will continue. 12.3 A party whose performance of its obligations under the Contract is affected by a Force Majeure Event must take reasonable steps to mitigate the effects of the Force Majeure Event.
13. Termination 13.1 Either party may terminate the Contract by giving to the other party [at least 30 days'] written notice of termination. 13.2 Either party may terminate the Contract immediately by giving written notice of termination to the other party if the other party commits a material breach of these Terms and Conditions. 13.3
13.3 Either party may terminate the Contract immediately by giving written notice of termination to the other party if: (a) the other party: (i) is dissolved; (ii) ceases to conduct all (or substantially all) of its business; (iii) is or becomes unable to pay its debts as they fall due; (iv) is or becomes insolvent or is declared insolvent; or (v) convenes a meeting or makes or proposes to make any arrangement or composition with its creditors; (b) an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party; (c) an order is made for the winding up of the other party, or the other party passes a resolution for its winding up[ (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under the Contract)]; or (d) [if that other party is an individual: (i) that other party dies; (ii) as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or (iii) that other party is the subject of a bankruptcy petition or order.]
13.4 The Singer – clarartcoach - may terminate the Contract immediately by giving written notice to the Client if: (a) any amount due to be paid by the Client to the Singer – clarartcoach - under the Contract is unpaid by the due date and remains unpaid upon the date that that written notice of termination is given; and (b) the Singer – clarartcoach - has given to the Client at least [30 days'] written notice, following the failure to pay, of its intention to terminate the Contract in accordance with this Clause 13.4. 14. Effects of termination 14.1 Upon the termination of the Contract, all of the provisions of these Terms and Conditions shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): [Clauses 1, 8.2, 8.4, 11, 14 and 17].
14.2 Except to the extent that these Terms and Conditions expressly provides otherwise, the termination of the Contract shall not affect the accrued rights of either party.
15. Notices 15.1 Any notice given under these Terms and Conditions must be in writing, whether or not described as "written notice" in these Terms and Conditions. 15.2 Any notice from one party to the other party under these Terms and Conditions must be given by one of the following methods (using the relevant contact details, email contact) providing that, if the stated time of deemed receipt is not within Business Hours, then the time of deemed receipt shall be when Business Hours next begin after the stated time.
15.3 The addressee and contact details set out in Section 5 of the Statement of Work may be updated from time to time by a party giving written notice of the update to the other party in accordance with this Clause 15. 17. General 17.1 No breach of any provision of the Contract shall be waived except with the express written consent of the party not in breach.
17.2 If any provision of the Contract is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions of the Contract will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
17.3 The Contract may not be varied except by a written document signed by or on behalf of each of the parties. 17.4 The Client hereby agrees that the Singer – clarartcoach - may assign the Coach's contractual rights and obligations under the Contract to [any successor to all or a substantial part of the business of the Coach from time to time]] - providing that such action does not serve to reduce the guarantees benefiting the Client under the Contract. Save to the extent expressly permitted by applicable law, the Client must not without the prior written consent of the Singer – clarartcoach - assign, transfer or otherwise deal with any of the Client's contractual rights or obligations under the Contract.
17.5 The Contract is made for the benefit of the parties and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation, or settlement under or relating to the Contract are not subject to the consent of any third party.
17.6 Subject to Clause 11.1, a Statement of Work, together with these Terms and Conditions, shall constitute the entire agreement between the parties in relation to the subject matter of that Statement of Work, and shall supersede all previous agreements, arrangements, and understandings between the parties in respect of that subject matter. 17.7 The Contract shall be governed by and construed in accordance with [English law].
17.8 The courts of [England] shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Contract.
STATEMENT OF WORK 1. Client details The Client is [insert name] of [insert address]. 2. Specification of Services 3. Timetable 4. Financial provisions [Insert financial provisions] 5. Contractual notices By signing below the parties have indicated their acceptance of this Statement of Work together with the terms and conditions attached to this Statement of Work[, providing that if there are no terms and conditions attached to this Statement of Work, the parties agree that this Statement of Work shall be governed by [the terms and conditions most recently agreed by the parties in writing]]. SIGNED BY [[individual name] on [...............], the] Singer – clarartcoach - OR [[individual name] on [...............], duly authorised for and on behalf of –the Singer - clarartcoach -e]: