Practice Office Policy
Dr Alison Grimston (Doctor Allie) 1:1 packages – ad hoc
FUNCTIONAL MEDICINE HEALTH COACHING AGREEMENT
BETWEEN:
Dr Alison Grimston (“Doctor Allie” (trading as “[Doctor Allie, Doctor Allie’s Vitality Clinics, Dr Alison Grimston]” of Wellingham Vane, Wellingham Lane, Ringmer, Lewes East Sussex BN8 5SN (Coach, me or I)
Full name ………………………………………………………….. of ……………………………………………………………...
…………………………………………………………………………………………………………………….(Client or you)
Agreed terms
Term of engagement
You are engaging me as a Functional Medicine Health Coach/ Nutritional Endocrinology Practitioner to provide coaching services (Services) on the terms of this agreement as specified in the Schedule to this Agreement.
This contract between us will commence on the date you sign this agreement and will continue either until all of the Services have been performed or unless and until terminated by either of us giving 2 weeks’ notice to the other in writing to the relevant address set out above.
Sessions and cancellation
Each appointment at which the Services are provided (Session) will last for a maximum of 90 minutes and will take place over the internet unless we agree to an alternative venue (such as by telephone, at my office, or in a hotel).
Where Sessions are held in third party venues, you agree to comply at all times with such venue’s policies and rules in relation to such venue (particularly fire safety and health and safety rules). You will be required to leave the venue if you do not comply with such policies and rules (and I shall not be obliged to refund you any amounts paid in relation to such Session).
You are responsible for your own belongings that you take to a Session and neither I nor any third-party venue will be liable for any loss, damage, theft or destruction of any of your belongings.
You agree to reimburse me in full and indemnify us against any claim from any third party (and associated costs and expenses (including professional fees)) arising out of your actions or inactions while at a third-party venue.
You may cancel a Session by notice in writing, by email or by telephone to me and the following cancellation fees will be payable by you.
If you cancel a Session, then you must pay the following cancellation fees:
no cancellation fee if you cancel a Session more than 7 days before the start time of the Session; and
a 50% cancellation fee if you cancel a Session 7 days before the start time of the Session but more than 48 hours before the start time of the Session; and
100% cancellation fee if you cancel the Session on or less than 48 hours prior to the start time of the Session.
I may cancel a Session by providing notice to you and if I do so, I will re-schedule the Session to the earliest mutually convenient time.
I will ask you to complete a questionnaire in advance of our first Session and you will provide true and accurate answers to the questions.
Duties of Coach
I shall provide the Services with due care, skill and ability.
Other than as set out in clause 3.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching, I do not guarantee any particular results.
Fees
In consideration of me providing the Services to you, you will pay me a fee for each Session of £260 per hour inclusive of VAT. Where a Session lasts for less than one or more full hours or more than one full hour, the fees will be calculated pro rata at a rate of £75for each quarter of an hour.
Subject to clauses 2.6 and 4.3 of this Agreement, I will not be obliged to provide you with any refunds for any reason.
If you are purchasing the Services as a consumer (namely you are not purchasing the Services wholly or mainly in the course of a trade, craft, profession or business) then the following applies:
you have the right to cancel this agreement within 14 days of the date of this agreement by emailing us at alison@alisongrimston.co.uk or by using the form of cancellation annexed to this agreement at Annex 1. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. If you cancel this agreement, we will reimburse to you all payments received from you in relation to the agreement within 14 days after the date on which we were informed about your decision to cancel this Contract; and
notwithstanding paragraph 4.3(a) above, you agree that we may begin the supply of digital content not on a tangible medium before the end of the cancellation period set out in such paragraph and you acknowledge that you will lose your cancellation rights in relation to such digital content; and
in relation to the provision of any services under this Contract:
you hereby request immediate performance of the Contract and acknowledge that you will lose your right of withdrawal from the Contract once the service contract is fully performed; and
if you cancel the Contract before the services have been fully performed, you agree that you will pay for the supply of the service for the period for which they are supplied. The amount payable will be in proportion to what has been supplied, in comparison with the full coverage of the Contract.
If you are not purchasing the Services as a consumer (namely you are purchasing the Services wholly or mainly in the course of a trade, craft, profession or business) the provisions of clause 4.3 above shall not apply.
If you contact me between scheduled Sessions, then I may at my discretion provide a brief response to you free of charge. If however I consider that more time is needed to deal appropriately with your communication then I may either:
advise you to arrange an additional Session (at the fees set out in Clause 4.1 above); or
inform you of the time I would need to spend in responding to you and the fee which would be payable by you for such a response. I will obtain your approval to such fee before incurring any fees.
I will invoice you monthly in advance for the fees set out in this Clause 4 (together with VAT which shall be charged in addition to the fees, where appropriate).
You shall pay each of my invoices in full and in cleared funds on presentation of the invoice to the bank account nominated in writing by me.
You shall be responsible for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with your participation in the Sessions.
Without prejudice to any other right or remedy that I may have, if you fail to pay me on the due date, I may:
charge interest on such sum from the due date for payment at the annual rate of 4% above the base rate from time to time of National Westminster Bank, accruing on a daily basis and being compounded quarterly until payment is made, whether before or after any judgment and you shall pay the interest immediately on demand; and
suspend all Services until payment has been made in full.
All sums payable under this agreement shall become due immediately on termination of this agreement, despite any other provision. This clause 4.6 is without prejudice to any right to claim for interest under the law, or any such right under this agreement.
Confidential information
I acknowledge that in the course of providing the Services I will have access to Confidential Information. Confidential Information means: information in whatever form relating to you and your affairs that are confidential to you including (but not limited to): (i) information that I obtain in connection with the provision of the Services and (ii) the fact that I am providing the Services to you.
I agree not to (except in the proper course of my duties) use or disclose to any third party any Confidential Information. This restriction does not apply to:
any use or disclosure authorised by you or required by law;
any use or disclosure which I in my absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or
any information which is already in, or comes into, the public domain otherwise than through my unauthorised disclosure.
As is good practice in coaching, I undertake coaching and am part of supervision groups. You agree that I may disclose any issues which arise out of the Sessions with my own coach, supervisor and/or supervision group but I agree only to disclose such issues on a general basis and without disclosing your name.
You may disclose to third parties such information about the Sessions as you wish.
Data protection and Intellectual Property
You acknowledge that your personal data will be processed by and on behalf of me as part of me providing you with the Services. I will use and process your personal data in accordance with my Privacy Notice that you can view at https://doctorallie.com/privacy-policy
I am the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that I use within the Sessions and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other person.
You may not at any time copy, reproduce, publish in any form, share, sell, dispose of or otherwise make available to a third party in any way any of the content or materials that I use in the Sessions.
I grant to you a limited, non-exclusive, non-transferable, non-sub licensable, revocable licence to use all or any of the content or material used in the Sessions for the purposes for which the Sessions were provided only.
You may not without my prior written consent make any audio or visual recordings of all or any part of our Sessions. I may make audio and visual recordings for training and monitoring purposes, and to share with you for your own use.
Obligations on termination
If either of us give notice to terminate this agreement pursuant to clause 1.2, then as soon as reasonably practicable after such notice (and in any event before the date of termination of this agreement), you shall make yourself available for a final Session.
On or before the date of termination of this agreement, you shall immediately pay any unpaid fees or other sums payable under this agreement.
Termination of this agreement shall not affect the accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this agreement, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination.
Clauses which expressly or by implication have effect after termination shall continue in full force and effect after the date of termination of this agreement, including the following clauses: clause 5 (Confidential Information), this clause 7, clause 9 (Limitation on liability) and clause 15 (Governing law and jurisdiction).
Status
The relationship between us will be that of independent contractor and nothing in this agreement shall render me your employee, worker, agent or partner.
Limitation on Liability
Nothing in this Agreement shall limit my liability for death or personal injury caused by my negligence or for my fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.
I shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss of corruption of data or information or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into this agreement and me providing the Services.
My total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by you for the Sessions.
If I am prevented from or delayed in performing my obligations by your act or omission or by any circumstance outside of my control, I shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.
The provisions of this clause 9 shall survive termination of this agreement.
Force majeure