Create2 Mastermind Agreement
Agreed terms of engagement
This contract between us will commence on the date of your first payment and will continue until the end of the Mastermind sessions, unless or until terminated as set out in clause 7 below.
Mastermind Sessions and cancellation.
I shall provide you with the following (“Services”):
a) not less than 6 Mastermind hotseat group sessions (“Sessions”), each of which shall be a minimum of 90 mins long.
b) not less than 16 Mastermind accountability sessions (“Sessions”), each of which shall be a minimum of 45 minutes long.
c) not less than 3 Mastermind 1:1 mentoring sessions (“1:1”), each of which shall be no less than 45 mins.
d) not less than 1 In-person Day business retreat (“Retreat”), which shall last no less than 6 hours. The Retreat will include room hire, lunch and tea and coffee breaks during the day. Any additional items or drinks shall be payable directly to the venue.
e) not less than 1 in-person Two-Day retreat (“Retreat”) which shall consist of two full day sessions, with an overnight stay. The Retreat will include room hire, lunch and tea and coffee breaks during the day, dinner on the evening of Day 1 and overnight accommodation in twin rooms. Any additional items, spa treatment or drinks shall be payable directly to the venue.
Each Session will be a group session that will have no more than 12 participants.
Each 1:1 will be an individual session, unless otherwise agreed.
The Sessions, Retreat and 1:1 will take place at the dates, times and venues as agreed between us and evidenced by our email communications, although I reserve the right to change the date, time and venue for any reason including for circumstances that are outside of my control. I will where possible provide you with at least 48 hours notice of any change to date, time or venue.
If you are not able to attend a Session or 1:1 for any reason (including due to us changing the date, time or venue), you will not be entitled to any refund but I may at my discretion offer you a catch up session. No catch up session will be offered for a missed Retreat.
Where Sessions and/or Retreats 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 or Retreat).
You are responsible for your own belongings that you take to a Session and/or Retreat 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 in relation to 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.
My Duties
I shall arrange, co-ordinate and facilitate the Sessions, 1:1 and Retreat to the best of my ability.
If for any reason I am unable to provide the Services at the agreed time, for example due to ill health, I will provide you with as much notice as possible and I shall reschedule the Session for another time.
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 and mentoring, I do not guarantee any particular results.
Fees
In consideration of me providing the Services to you, you will pay me a total fee of £3510 (“Mastermind Fee”) if you pay in 6 monthly instalments of £585.
If you choose to pay in full, you will pay me a total fee of £3500 (“Mastermind Fee”) receiving a pay in full discount of £10.
If you were previously a member of the Create Cohort commencing September 2021, you will receive a discount on the repeat contract, paying a total total fee of £3210 (“Mastermind Fee”) if you pay in 6 monthly instalments of £535, or a pay in full price of £3000 (“Mastermind Fee”).
If the parties mutually agree a different payment schedule at the time of commencement of the contract, this shall be set out in the Thrivecart payment page. All other terms of this contract shall remain binding and unaltered.
The Mastermind group is a 6 month commitment and if you decide not to continue with the group for any reason (other than reasons of your ill health as evidenced by a valid doctor’s note) the remaining instalments will remain payable. By signing this agreement, you warrant that you have sufficient funds to pay each of the [6] instalments in full at the time requested.
The Mastermind Fee shall be payable via Thrivecart and Stripe payment platforms in equal monthly instalments.
You shall be responsible for making and paying for all travel, accommodation and other subsistence costs and all other expenses incurred by you in connection with your participation in the Sessions, unless otherwise specified in the .
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 STARLING 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
refuse you entry to any further Sessions 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.
Confidential information
You must keep all information discussed in the Sessions strictly confidential at all times, including after the termination of this agreement.
You must not use any of the matters discussed or corresponded about by other participants in the group within the Sessions to further your own purposes to the possible detriment of any member of the group.
I acknowledge that in the course of providing the Services I will have access to Confidential Information relating to you and your affairs and 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.
Data protection and Intellectual Property
You acknowledge and agree that we will process your personal data in accordance with our Privacy Notice that you can view at www.katedavis.net.
I am the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that I share within the Sessions and nothing in this agreement or otherwise shall 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 or take photographs of all or any part of our Sessions. However you agree that we may take photographs or film the Sessions for any purpose, including promotional purposes.
Termination
Either of us may terminate the Contract immediately by providing written notice to the other if the other is in material breach of any of these Terms.
We may terminate the Contract immediately (without any liability to provide any refund to you) if we reasonably feel that you are disrupting the group sessions or for any other reason where we reasonably feel that your presence is adversely impacting on the Sessions.
On or before the date of termination of the Contract, you shall immediately pay any unpaid fees or other sums payable under the Contract.
Termination of the Contract shall not affect any rights, remedies, obligations and liabilities of either of us as at the date of termination, including the right to claim in respect of any breach of the Contract that 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 the Contract, including the following clauses: clause 5 (Confidential Information), this clause 7, clause 9 (Limitation on liability) and clause 13 (Governing law and jurisdiction).
Status
The relationship between us will be that of independent contractor and nothing in these Terms shall render me your employee, worker, agent or partner.
8. Limitation on Liability
Nothing in this contract 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 legally be 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.
My total liability under any law or in relation to 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 in breach of this agreement or liable to you for any costs, charges or losses incurred by you that arise directly or indirectly from such prevention or delay.
The provisions of this clause shall survive termination of the Contract.
9. Entire Agreement and previous contracts
You acknowledge and agree that:
This agreement constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding or agreement between us relating to the provision of the Sessions;
in entering into this agreement you have not relied on anything said by any person (including any third party) relating to the provision of the Sessions
10. Variation
No variation of this agreement shall be valid unless it is in writing and signed by or on behalf of each of us,.
11. Third Party Rights
A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
12. Governing law and jurisdiction
This agreement and any dispute or claim arising out of this agreement shall be governed by and construed in accordance with English law.
We each irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement.