Boundless Living LTD
Coaching Membership and Coaching packages
Terms & Conditions
I am so pleased you have decided to use my services or resources - please read the following important terms and conditions before you commit to using them.
This contract sets out:
your legal rights and responsibilities;
my legal rights and responsibilities; and
certain key information required by law.
The intention is that it will bring clarity to our relationship, protect both of us and take care of the business side of things so that we can get on with the good stuff! Please let me know if there are any clauses that you do not understand or that contradict your understanding of my services.
As I care about and have high standards regarding the level of service I provide, I place a strict limit on the number of places available in my 1-1 container. Once those places have been filled, I stop marketing the programme and do not permit anyone else to join. When you agree to this agreement, you confirm your commitment and you will be responsible for payment in full of the price for my services and you will not be entitled to any refunds.
In this contract:
'I', 'me' or 'my' means Boundless Living LTD
'You' or 'your' means the person buying or using my services and resources.
If you would like to speak to me about any aspect of this contract, please contact me by e-mail at donna@donnamariella.net
BACKGROUND
I am a limited company with company number 14955532 and with it's registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ, UNITED KINGDOM
I provide embodiment coaching.
Our sessions together could include one or more of the following:
• Coaching
• Breath-work
• Somatic work & embodiment practices
• Guided practices
• Meditation & visualisation
• Pleasure practices
• Shamanic healing & energy work
• Tantric practices
And all of these elements make up my 'services'.
1. Introduction
1.1. If you sign up for services from me ('services') you agree to be legally bound by this contract.
1.2. If you use any of my free resources (for example podcasts, workbooks, discovery sessions or any other resources I may offer free of charge from time to time) you also agree to be legally bound by this contract as appropriate, excluding the clauses relating to payment and consumer rights legislation.
1.3. When signing up for any services or using any resources you also agree to be legally bound by:
1.3.1. my website terms of use and privacy policy;
1.3.2. extra terms which may add to, or replace, some of this contract, for example any specific written contract between us;
1.3.3. specific terms which apply to my services, for example programme or service descriptions which may be set out on the webpage for that programme or in email correspondence between us. If you want to see these specific terms please visit the relevant webpage or email for the programme details, look at the session guidelines or services descriptions or request it from me.
2. Information I give you
2.1. Certain sections of this contract only apply to you and me if you are a 'consumer', that is if you are an individual acting for purposes which are wholly or mainly outside your business or profession. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that I must give you certain key information before a legally binding contract of sale between you and me is made (see the summary box below). I shall give you this information in a clear and understandable way either in this contract or the relevant programme or service description.
I shall give you information on:
the main characteristics of the services you are buying
who I am, where I am based and how you can contact me
the price of the services
the arrangements for payment, carrying out the services and the time by which I shall carry out the services
how to exercise your right to cancel the contract in the cooling off period if you are a consumer
my complaint handling policy
3. Signing up for my services
3.1. Below, I set out how a legally binding contract to buy services between you and me is made:
3.1.1. You place your order by making a payment through the payment link provided and by signing the services agreement sent to you. Placing your order and making payment does not, however, mean that your order has been accepted. Your order is only accepted once payment has been received, service agreements have been signed and availability has been confirmed.
3.1.2. Any quotation given by me before you place an order for services is not a legally binding offer by me to supply such services. Any prices set out in a quotation remain valid for 14 days.
3.1.3. When you decide to place an order for services with me, this is when you make a legal offer to buy such services from me.
3.1.4. I may contact you to say that I do not accept your order, for example if I do not think my services are a right for you or there has been a mistake in the pricing or description of the services, or my circumstances have changed since I gave you the quotation for the services.
3.1.5. I shall only accept your order when I confirm this to you by sending you a confirmation email or start to provide the services, whichever happens earlier. At this point:
(a) a legally binding contract will be in place between you and me, and
(b) I shall start to carry out the services as set out in the relevant programme or services description.
4. Carrying out the services
4.1. If you are a consumer you have protection under consumer rights legislation, including that the services must be carried out with reasonable care and skill.
4.2. I shall carry out the services within the time period which is set out in the relevant services description.
4.3. All sessions (including rearranged sessions) must be taken within the timeframe specified in the relevant services description or they will expire.
4.4. Re-scheduling policy
4.4.1. Packages: You can rearrange 1/3 of your sessions providing you give me at least 24 hours' notice and that there is availability in my calendar to reschedule within the agreed time frame stated in the services descriptions. If you give me less than 24 hours' notice, fail to turn up to a session, fail to find a suitable replacement time in my calendar or have already rearranged 1/3 of your sessions, you will be deemed to have taken the session and vou will not be able to reschedule it or be entitled to any compensation for missing it. By rescheduling you accept the risk of not finding appropriate availability and of losing the session.
4.4.2. Late arrivals: If you show up more than 15 minutes late to any session without prior agreement, I will consider this as a failure to turn up to the session and you will lose that session.
4.4.3. Coaching membership: You can rearrange one (1) out of every (3) of your sessions providing you give me at least 24 hours' notice and that there is availability in my calendar to reschedule within the current month of your membership. If you give me less than 24 hours' notice, fail to turn up to a session, fail to find a suitable replacement time in that month or have already rearranged one (1) out of the last three (3) sessions, you will be deemed to have taken the session and you will not be able to reschedule it or be entitled to any compensation for missing it. By rescheduling you accept the risk of not finding appropriate availability and of losing the session.
4.5. Sessions usually take place remotely via zoom or any other means of communication agreed with you in advance. There may be an additional charge for face to face meetings.
4.6. Please note I may record our calls for self training purposes and administration purposes. I will always ask you for consent prior to recording any calls. These recordings will only be viewed by me and you and won't be shared with any outside parties unless specifically agreed upon.
4.7. My services might be affected by events beyond my reasonable control. If so, there might be a delay before I can restart the services. I shall make reasonable efforts to limit the effect of any of those events, I shall keep you informed of the circumstances and I shall try to restart the services as soon as those events have been fixed. Examples of events which might be beyond my reasonable control include illness, death, pandemics, epidemics, IT issues and problems with internet connectivity, any law or action taken by a government or public authority or if you change the services you require from me and I have to do extra preparation.
4.8. Where a session or event is due to take place in person, I reserve the right to move that session or event online where circumstances make it necessary or preferable to do so.
5. Your responsibilities
5.1. You will pay the price for the services in accordance with the relevant services description.
5.2. It is very important that I have a full understanding of your state of health. You will provide me with such information and assistance (and ensure that any information is complete and accurate) as I reasonably need to provide the services.
5.3. You and I shall agree a method of communicating with each other between sessions and adhere to that method.
5.4. My services do not include counselling or therapy. They may involve all areas of your life. You acknowledge that deciding how to handle any issues which may arise, the choices you make in relation to them and whether or not you follow through on any agreed action is exclusively your responsibility. For this reason, although I fully expect great results to come from our sessions, I cannot guarantee any specific outcomes or that all clients will achieve the same results. The results are entirely dependent on your commitment and the effort you put in to the programme and the actions we agree upon. As such, you agree that I am not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided.
5.5. My role is to offer you guidance and accountability and help you make positive health and lifestyle changes in order to make progress towards your goals. The information I provide to you is not medical advice and is not intended to take the place of seeing licensed qualified professionals, including but not limited to legal, medical or other qualified professionals.
5.6. You understand that participating in a transformational experiences such as this coaching program entails risks and challenges associated with an intensive program of personal and spiritual development, including but not limited to: physical, mental or emotional distress that can accompany significant life changes. By signing this agreement, you are freely and voluntarily assuming the risks arising from your participation (including risks that cannot be foreseen at this time.
5.7. My services do not treat mental disorders and are not a substitute for counselling, mental health care or medical treatment of any kind. By entering into this agreement you confirm that you will not use my services in place of any form of mental health or medical treatment, including but not limited to counselling, psychotherapy, psychoanalysis, mental health care or substance abuse treatment. You understand that you are solely responsible for creating and implementing your own physical, mental and emotional well-being.
5.8. If you are currently receiving treatment from a doctor or other healthcare professional, by entering into this agreement you confirm that you have consulted with this person regarding the advisability of working with me and that this person is aware of and supports your decision to proceed with the programme described in the relevant services description.
5.9. You will keep me informed of any changes to your medical health or personal circumstances.
5.10. Talk coaching, breath-work, somatic work, embodiment practices, pleasure practices, guided meditation, guided practices, energy work & tantric and shamanic practices. Your sessions with me may involve some or all of these modalities. I have been trained and certified by the following organisations: The Psychosynthesis centre SF, The Tantric Institute of Integrated Sexuality, The Kurikindi foundation. These modalities and techniques are not licensed or regulated by a government body; they are self-regulated.
5.11. I am not a medical doctor, or a trained psychiatrist or psychologist.
5.12. You confirm that you have read, understood and agree to the Session Guidelines here
5.13. After our session I may assign you some specific tasks to do which may take several days or weeks to complete. If you are assigned such tasks they are a fundamental part of your process and are seen as equally as important as our time spent together and you acknowledge that your results are dependant on their completion.
5.14. You understand that in order to enhance the coaching relationship, you agree to communicate honestly, to be open to feedback and assistance and to create the time and energy to participate fully in the program.
5.15. Although we can address sex and sexuality in your sessions, it is always in relation to your goals and related to as a natural life force energy. There is no explicit sexuality or nudity during the sessions.
5.16. Breathwork can be activating and can sometimes involve intense experiences accompanied by strong emotional and physical release. In order to do this safely you agree to inform me if you have any of the following contraindications: pregnancy, epilepsy, seizures, cardiovascular issues, glaucoma, uncontrolled hypertension, serious mental health issues, severe asthma, recent surgery or recent serious physical injury
6. Charges and payment
6.1. I am not VAT registered therefore VAT is not currently applicable to any prices quoted.
6.2. The price for the services is set out in the relevant services description.
6.3. Payment will be discussed and agreed on together prior to our first paid session. Payment options include Card, Direct Debit and Direct Bank transfer.
6.3.1. I require full payment in advance in order to provide the services.
6.4. The fees are non-refundable except for:
6.4.1. if you are a consumer, your right to a 'cooling off' period, as described in clause 7 below;
6.4.2. where I cancel a session (other than under 12.3 below) you are entitled to a full refund for sessions which you have paid for in advance and which you have not received.
6.4.3. In all other circumstances I am not able to refund to you any of the payments you have made, and you remain liable for the whole price of the services, even where you do not complete your sessions with me, as;
(a) payments are for the offering set out in the services description (the full package, the full month):
(b) I care about my service level and so I admit a limited number of people, therefore you are liable to pay the full cost of the sessions you have agreed to, as I shall stop marketing the programme and not allow anyone else to join it once the places have been allocated; and
(c) This policy is also a reflection of the amount of preparation I need to put into the session to make it most effective for vou and the amount of time I shall dedicate and set aside for preparing for and attending our sessions together. This approach also helps you with your own accountability and commitment to improving your life through our work together.
6.4.4 In view of my clear no-refund policy, I do not tolerate any type of chargeback threat or actual chargeback from your credit or debit card company. In the event that a chargeback is placed on a purchase or I receive a chargeback threat during or after your purchase, or after the end of the cooling off period if you are a consumer, I reserve the right to report the incident to credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as non-payment on your account which could have a negative impact on your credit rating.
6.5. If any of your payments are not paid by the due dates, I may charge interest on any balance outstanding at the rate of 4 percentage points a year above HSBC Bank plc's base rate.
6.6. I shall give you written notice at least 28 days in advance of any increase in my fees. If the increase is not acceptable to you, you may within [10] days of the date of the notice, terminate this contract by giving written notice to me. In these circumstances the services will cease 28 days after the original notice of the price increase.
7. Cooling off period for consumers
7.1. If you are a consumer, subject to 7.3 below you have the right to cancel this contract within 14 days of signing up without giving any reason.
7.2. The cancellation period will expire 14 days after the date of the contract.
7.3. However, if you confirm to me that you wish me to start to provide the services within the 14 day cooling off period, then at this point my refund policy set out in clause 6.4 will apply and if you subsequently exercise your right to cancel during the 14 day cooling-off period you will have to pay my reasonable costs of services provided within that time. You confirm you wish me to start to provide the services within the 14 day cooling off period by doing any of the following during that time: booking a session with me for which the allocated date and time will then, also as a service, be reserved for you to the exclusion of all others; accessing or downloading any digital resources I make available to you; joining any private social media group associated with my services; accessing any other supporting materials made available to you.
7.4. If you cancel this contract in accordance with the cooling off period in clause 7.1, I shall reimburse to you all payments received from you promptly and using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. However, this will only be the case if you have not confirmed to me you wish me to provide the services as specified in clause 7.3. for which you will have to pay my reasonable costs.
7.5. Digital products. In accordance with clause 7.3, by accessing or downloading any digital products within the 14 day cooling off period, you give your consent to me to provide the content and you acknowledge that by doing so, you lose your right to cancel your purchase unless the content is faulty.
8. Intellectual property
8.1. If I provide you with any materials, whether digital or printed, any intellectual property in those materials belongs to me and unless I agree otherwise you can only use those materials for your own personal use and you may not share them with third parties.
8.2. You cannot use and monetise my methods, processes or systems. To do so would be a material breach of your legal obligations to me under the terms of this contract, and subject to immediate termination under clause [12.3.1]
8.3. For the avoidance of doubt, without my prior written authority, you are not permitted to;
8.3.a. deliver any training in my methods, processes or systems to a third-party individual or organisation;
8.3.b. provide details of my methods, processes or systems to, a third-party individual or organisation;
8.3.c. repurpose in whole or in part my methods, processes or systems to create and deliver your own services.
8.4. Should you become aware of any unauthorised access to the materials provided to you, or of any unauthorised use of my methods, processes or systems, you agree to notify me immediately by email.
8.5. From time to time I may record live group sessions. If you participate in such sessions, you authorise me to use your image and voice in any such recordings (and to make use of such recordings in any way I think fit) without payment, other condition or need for further consent. If you do not wish for this to be the case, you agree to let me know before the session begins.
9. How I may use your personal information
9.1. I shall use the personal information you give to me to:
9.1.1. provide the services;
9.1.2. process your payment for the services; and
9.1.3. inform you about any similar products and services that I provide (though you may stop receiving this information at any time by contacting me).
9.2. I shall not give your personal information to any third party unless you agree to it.
9.3. See my privacy policy here for full details of how I use your information.
10. Confidential information
10.1. All information shared by you on a one to one basis will be kept strictly confidential, except when releasing such information is required by law and or where I consider it necessary to do so because of concerns of risk to yourself or others, or to assist the prevention or detection of a crime. Such circumstances may include suicide, child sexual or general abuse or neglect, kidnapping, murder.
10.2. Where you participate in any group sessions, for example as part of a group programme, you agree to keep strictly confidential any information shared by participants in those group sessions and not to share it with any third parties. You will not use the confidential information of an participant of a group session for your own benefit except with the explicit consent of that participant.
10.3. The obligations in clauses 10.1 and 10.2 will not apply to information which:
10.3.1. has ceased to be confidential through no fault of either party;
10.3.2. was already in the possession of the recipient before being disclosed by the other party; or
10.3.3. has been lawfully received from a third party who did not acquire it in confidence.
10.4. You will not use any Confidential Information for profit or for your own benefit in an wav.
10.5. Your and my confidentiality obligations under this clause will continue after termination of this agreement.
11. Resolving problems
11.1. In the unlikely event that there is a problem with the services, please contact me as soon as possible and give me a reasonable opportunity to sort out any problems with you and reach a positive outcome.
11.2. I may at my option vary or re-perform the services if there is a problem and the terms of this agreement will apply to any re-performed services.
11.3. Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as 'statutory rights'). You may also have other rights in law.
12. End of the contract
12.1. If a services description specifies a length of time for services to be provided then subject to clause 12.3 below, the services will terminate at the end of that timeframe
12.2. If I provide services to you on an ongoing basis and the relevant services description does not specify a timeframe then either you or I may terminate the services by one month written notice to each other.
12.3. Either you or I may terminate the services and this contract immediately if:
12.3.1. the other party commits any material breach of the terms of this contract or a services description and, in the case of a breach capable of being resolved, the breach is not resolved within 30 days of a written request to do so. The written request must expressly refer to this clause and state that the services and this contract will be terminated if the breach is not resolved; or
12.3.2. the other party commits or threatens to commit or is threatened with any act of insolvency under the Insolvency Act 1986.
12.4. For the purposes of this clause, any breach by you of the rules governing your participation in my Facebook Group or any other Group hosted by me on another social media platform, constitutes a material breach of this contract which is not capable of being resolved.
12.5. If I decide in my absolute discretion that we are not a good fit for each other, I may terminate this contract immediately on notice, in which case I shall give you a partial refund for any elements of the services which you have paid for in advance and which you have not received.
12.6. If this contract is ended it will not affect my right to receive any money which you owe to me under this contract and it will not operate to affect any provisions that expressly or by implication survive termination.
13. Limit on my responsibility to you
13.1. Except for any legal responsibility that I cannot exclude in law (such as for death or personal injury caused by negligence), I am not legally responsible for any:
13.1.1. losses that:
(a) were not foreseeable to you and me when the contract was formed which means any losses that might have been sustained by you that would not ordinarily be sustained by a client in your industry;
(b) were not caused by any breach of these terms on my part; and
13.1.2. business losses, including loss of business, business interruption, loss of profits, loss of management time and loss of business opportunity.
13.2. My total liability to you is limited to the amount of fees paid by you for the services and you confirm your understanding that the price of my services is calculated bearing in mind this limit on my liability. If you would like me to assume a greater degree of potential liability, please contact me for a revised price for my services.
14. Disputes
14.1. I shall try to resolve any disputes with you quickly and efficiently.
14.2. If any dispute arises in connection with this agreement, the parties will attempt to settle it by mediation in accordance with the Centre for Effective Dispute Resolution CED) Model Mediation Procedure. Unless otherwise agreed between the parties, the mediator will be nominated by CEDR. To initiate the mediation a party must give notice in writing to the other party requesting a mediation. A copy of the request should be sent to CEDR.
14.3. The laws of England and Wales will apply to this contract.
14.4. In the event of a dispute between us, you and I agree not to engage in any conduct or communications, including on social media, designed to disparage my or your website, products and services.
14.5. Any dispute or claim arising out of or relating to this contract, or its breach, shall be decided by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules.
14.6. In the event of a dispute between us, you agree that unless all other avenues of resolution have been unsuccessfully attempted, not to institute or attempt to institute any legal action, arbitration, demand or proceeding against Donna Wilkinson trading as Donna Mariella upon any Released Claim or arising from or related to this Agreement. In addition, you will indemnify, defend and hold harmless Donna Wilkinson trading as Donna Mariella from and against any losses, claims, liabilities, expenses or damages, including attorneys' fees and costs, incurred in connection with the defence of any Released Claim or any other breach of your obligations under this Agreement.
15. Severability
15.1. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
16. Waiver
16.1. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
17. Third party rights
17.1. No one other than a party to this contract has any right to enforce any term of this contract.
18. Binding effects
18.1. This Agreement shall be binding upon the parties hereto and their respective successors and permissible assigns.
19. Entire agreement
19.1. These terms constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, assurance or warranty given by or on behalf of me which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
19.2. By agreeing to these conditions, I confirm that I have read and agree to these terms & conditions, and am releasing Donna Wilkinson (trading as Donna Mariella) and Boundless Living LTD of any liability.