Booking Terms and Conditions

In these terms the following words shall have the following meanings:

“Agreement” means the Confirmation Email, the Schedule, the Proposal (if any) and these Terms;

“Confirmation Email” means the cover email to which these Terms are attached or in which they are referred to as being incorporated;

“Customer” means the customer set out in the Confirmation Email;

“Fee” has the meaning set out in the Quotation;

“Parties” means the Customer and the Company together;

“Pledge” means the pledge agreement as stated on the initial contractual agreement;

“Proposal” means if any, the proposal sent out by email after the meeting;

“Schedule” means the summary of the Services set out in the confirmation email or booking    confirmation;

“Services” means the services set out in the confirmation email or booking confirmation;

“Services Location” and “Services Date” have the meaning set out in this document;”

“Terms” refers to the terms and conditions as set out on this page.

The Agreement shall commence on the date of confirmation by the Customer that it has accepted the terms of the Confirmation Email and failing such express confirmation shall be the date on which Live Brighter Now commences the provision of the Services. Live Brighter Now shall commence provision of the Services as set out in the Confirmation Email or as otherwise agreed with the Customer.  The Services shall be provided on the Services Date(s) at the Service(s) Location.

The customer can cancel provision of the Service(s) within 7 days of the initial Confirmation Email being agreed.

Where the Services are to be provided on an ongoing basis subject to the agreement of the parties of specific dates and times, the initial dates shall be those set out in the Confirmation Email, the Schedule or the Proposal and subsequent dates shall be agreed by the parties acting reasonably and in good faith.

The Services shall comprise those Services set out in the Confirmation Email, the Schedule or Proposal.

Live Brighter Now will endeavour to communicate with the Customer regularly throughout the provision of Services or such other basis as is set out in the Confirmation Email, the Schedule or Proposal.

In order to enable Live Brighter Now to provide the Services, the Customer shall make available or facilitate access to any equipment, materials, premises or venues which required or requested by Live Brighter Now.

The Customer must agree to align with the Pledge as stated in the initial agreement phase if relevant to individuals.

The Customer shall be responsible for the attendance at the Services of any of its staff, consultants or representatives (“Attendees”) that it wishes to attend the Services.

Any cancellations or amendments made by the Customer must be at least 48 hours prior to the Service Date and allocated time. If breached, the Customer may be invoiced 100% of the Fee for the session at full discretion of Live Brighter Now.

In return for Live Brighter Now performing and providing the Services, the Customer shall pay the Fee (as set out in the Confirmation Email) in accordance with the Payment Terms set out in the Confirmation Email and the Schedule provided that where no such details of payment terms are included in the Confirmation Email the payment terms shall be those set out in this Clause 5.

The Fee payable shall be that set out in the Confirmation Email and shall be payable by the Customer (in the absence of any statement to the contrary in the Confirmation Email) as follows: (a) in pounds sterling; (b) within fourteen (14) days of issue by Live Brighter Now of an invoice therefore in the case of a business or organisation; (c) payment made in advance of sessions, paid in blocks of three by the Customer in the case of coaching for individuals.

The Customer acknowledges and agrees that Live Brighter Now may immediately suspend or delay the performance of any Services in the event that payments owing to Live Brighter Now are not received by the due date.

Live Brighter Now shall be entitled to terminate the Agreement at any time: (a) on giving seven (7) days’ notice to the Customer; (b) immediately on notice to the Customer in the event that the Customer suffers an insolvency event; (c) immediately on notice to the Customer in the event of a material breach of the Agreement by the Customer provided that, in the case of remediable breaches, the Agreement shall only be terminated where such breach remains un-remedied following a period of seven (7) days of the Customer’s receipt of notice from Live Brighter Now that such breach has occurred.

Each Party (a “receiving party”) shall keep in strict confidence all technical or commercial know-how, specifications, processes initiatives or any other information concerning the other Party’s (a “disclosing party”) intellectual property, well-being, business or products which are of a confidential nature (“Confidential Information”) and which have been disclosed by or on behalf of the disclosing party to the receiving party or its representatives.

• For the purposes of this Clause, the “GDPR” means the General Data Protection Regulation 2018, and the terms “Personal Data”, “Process”, “Data Controller”, and “Data Processor” shall have the meanings afforded to them in the GDPR and/or be interpreted in accordance with the terms of the GDPR.
• To the extent that the Customer makes available any Personal Data available to Live Brighter Now (whether that of Attendees or otherwise) for the purpose of the Agreement, Live Brighter Now acknowledges that the Customer will be the Data Controller of such Personal Data and Live Brighter Now will be the Data Processor.
• Live Brighter Now confirms to the Customer that to the extent that it is provided with any such Personal Data, it shall: (a) use the same for the purposes of providing the Services; (b) only Process the same in accordance with the instructions of the Customer; (c) only Process the same in accordance with the GDPR; and (d) not transfer any such Personal Data outside the EEA unless those countries operate to the level of protection the EEA offers (e.g. US-EU Privacy Shield).
• The Customer warrants to Live Brighter Now that it has all necessary rights, permissions, approvals, licences and consents to permit it to provide such Personal Data to Live Brighter Now and shall indemnify Live Brighter Now for any claims, losses, expenses or damages incurred by Live Brighter Now as a result of any third party claim or allegation that the possession or use by Live Brighter Now of any Personal Data provided by the Customer in respect of the Agreement infringes the rights of that third party.

Refer to our full privacy policy for further information.

• The Customer may not assign, transfer or otherwise dispose of any of its rights or responsibilities under the Agreement, nor sub-contract, create a charge over or otherwise transfer any or all of its rights or obligations under the Agreement except with the prior written consent of Live Brighter Now.
• The Agreement contains all the terms which the Parties have agreed in relation to the subject matter of the Agreement and supersedes and extinguishes any prior written or oral agreements, drafts, representations, warranties, arrangements or understandings of any nature whatsoever, whether or not in writing between the Parties in relation to such subject matter.
• No variation, amendment, modification of, or supplement to the Agreement shall be effective unless set out in writing in a document signed by the Parties.
• Nothing in the Agreement shall exclude or limited any liability: (a) that cannot be excluded or limited by applicable law; or (b) for any fraud or fraudulent misrepresentation.
• Subject to Clause 4, Live Brighter Now shall not be liable for any: (i) indirect, special or consequential loss or damage; (ii) actualised outcomes of any training, coaching, webinars or other sessions offered; or (iii) reputational damage.
• If any part of the Agreement is or becomes or is declared illegal, invalid or unenforceable by any competent authority having jurisdiction over the Agreement (or either of the Parties) that part shall be severed from the Agreement and the remainder of the Agreement which will continue in full force and effect.
• The Agreement does not create a partnership or joint venture between the Parties to it, nor authorise either Party to act as agent for the other.
• Any waiver of any right, power, privilege or remedy afforded by Live Brighter Now under the Agreement may be given subject to any conditions thought fit by it and any omission to exercise, or delay in exercising, any such right, power, privilege or remedy afforded to Live Brighter Now will not constitute a waiver of it.

Bianca Armitage of Live Brighter Now has full indemnity insurance coverage for Combined Medical Malpractice, Professional Indemnity and Public Liability, in addition to limited coverage for Portable Business Equipment.

Details of this coverage can be requested via emailing bianca@livebrighternow.com