GROWTH CLUB MEMBER AGREEMENT
B E T W E E N:
(1) __ENGINEERING BUSINESS GROWTH (A TRADING NAME OF FUTURE INSPIRED LTD)_(“we”, “us” “our” or the “service provider”)_
(2) “You” or the “client” in this document).
The service provider has agreed to provide the following services.
- 2 days of training and instruction on how to complete a “Strategy on a Page” for your business to identify key strategic objectives for the next month.
- 11 monthly meetings thereafter designed to provide business education, instruction on continuing use of strategy on a page and a forum for ongoing business advice.
- Communications during the month to help keep you focused on your strategic objectives.
What we both agree to
As our client, you agree:
- You have the power to enter into this contract on behalf of your organisation.
- To attend and contribute to all meetings in a constructive manner.
- To stick to the payment schedule described at the end of this agreement.
As the service provider we agree:
- We have the experience and ability to perform the services as described.
- We will carry out this service in a professional manner.
- We will respect the confidentiality of any information you give us.
- Sessions and Cancellation
- 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 we shall not be obliged to refund you any amounts paid in relation to such Session).
- Our intention is to stick to scheduled meeting dates which will be shared with you when joining the club. If for any reason we should need to rearrange a session we will endeavour to give as much notice as possible and will arrange for the meeting to take place at another time.
- You are responsible for your own attendance to meetings and if you are unable to make a monthly meeting you will still be charged for it.
- If you are unable to make a meeting, you may attend an additional meeting in the following year free of charge. This is available for a maximum of 2 meetings missed in any 12 month period.
- Protection of the Services
- You agree not to reproduce, copy, sell trade, resell or exploit for any commercial purpose any aspect of the Services or any associated materials.
- You acknowledge and confirm that all intellectual property and other proprietary rights in materials provided in connection with the Services, including without limitation copyright and any rights in designs, are owned by us or our licensors and that you shall not acquire any rights in such materials, use them for any commercial purpose or carry out any action inconsistent with such ownership.
- Should you become aware of any actual or threatened infringement by any person of the intellectual property and proprietary rights referred to in clause 2.2; you undertake to inform us at once in writing.
- We confirm that any intellectual property or proprietary rights of materials created or developed by you/us during our working relationship is your sole property of, unless otherwise discussed and set out by written consent of both of us.
- Confidentiality and Non-Disparagement
- Each of us shall keep confidential all sensitive information relating to the other and their business (which in our case includes materials provided in connection with the services) and not use such information for any purpose other than that for which it was provided. This clause 3.1 shall not apply to the extent that any information is required to be disclosed by law or by any court or public body having binding authority to require such disclosure.
- In addition you shall keep confidential any information you may become privy to relating to others in the club or their businesses and not use such information for any purpose other than that for which it was provided. This clause 3.2 shall not apply to the extent that any information is required to be disclosed by law or by any court or public body having binding authority to require such disclosure.
- We each agree not to engage in any conduct or communications, public or private, intended or likely to disparage the other or damage their interests.
- You acknowledge and agree that some personal data may be processed by and on behalf of Engineering Business Growth as part of us providing you with the services.
- Client Conduct
- You undertake to behave professionally, courteously and respectfully in all dealings with Engineering Business Growth or any person(s) acting on our behalf and any other clients or other third parties to whom you may be introduced in connection with the Services. You agree to adhere to any programme rules which we may provide from time to time and not to carry out any action intended or likely to bring us or the Services into disrepute.
- You acknowledge that the Services involve coaching, education, business and personal development, that their effect depends on your own level of engagement and commitment and that no specific results can therefore be guaranteed by us. We accept no responsibility for any decisions made by you as a result of the Services.
- Our obligations are limited to providing the Services as expressly described in this letter and no further warranties, representations or assurances are given by us save to the extent that these are implied by and cannot be excluded under law.
- You acknowledge that Engineering Business Growth representatives are not qualified medically or as psychologists, counsellors or therapists and that the Services are not intended to be medical or therapeutic services. You confirm that you are mindful of your own wellbeing and are wholly responsible for taking any medical or therapeutic advice or treatment which is or may be to your benefit, without guidance or involvement on our part.
- Liability and Indemnity
- Our liability to you in connection with the Services (including without limitation as a result of any breach of this letter or negligence) misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the level of the Charges actually paid by you to us under this letter
- We do not accept any liability whatsoever for:
- Any consequential or indirect losses, loss of profit, business, goodwill and/or anticipated savings;
- Any failure or delay in performing the Services to the extent arising from any matter beyond our reasonable control.
- You undertake to indemnify us and any person(s) acting on our behalf in connection with the Services for any and all losses, costs, claims or demands suffered by us or them arising as a result of your acts or omissions.
- The limitations of liability in this clause 8 apply to Engineering Business Growth and all person(s) acting on the company’s behalf including without limitation Beverley Corson and Bryan Charter personally. However nothing in this letter shall limit the liability of any person in respect of any matter for which it is not possible to limit liability at law.
- Either of us may terminate this letter immediately by giving the other party notice in writing where the other party:
- Materially breaches any provision of this letter and fails to remedy the breach within 7 days of the first party serving written notice referring to this clause 7.1, specifying the breach and requiring it to be remedied (and any failure to pay Charges or Expenses when due is deemed a material breach); or
- Is adjudicated bankrupt or seeks to negotiate or is party to any voluntary arrangement or composition with creditors; or
- Is admitted to hospital pursuant to any mental health legislation, or is subject to any order of a court having jurisdiction (in the UK or elsewhere) in matters concerning mental disorder, for detention or for the appointment of a person to exercise powers regarding its property or affairs.
- Either of us may terminate this agreement with 30 days’ notice in writing to the other at any time. Should you instigate termination prior to completion of the initial 12 month payment term additional charges shall be incurred as described in clause 8.4 in charges and payment.
- Termination shall be without prejudice to the rights or obligations of either party accrued up to termination and all rights and obligations set out in this letter. Where any Services are partially completed at termination and not paid for in advance, we reserve the right to invoice a fair pro rata amount of the total Charge for such Services. For any uncompleted Services not paid for in advance, any reimbursement shall be in our absolute discretion.
- Charges and Payment
- Where we perform any Services not included within the Service Agreement, any additional charges agreed between us in that respect shall be due at the times agreed (which shall, in the absence of specific agreement, be deemed to be prior to performance).
- All Charges include VAT
- Payment shall be made as an initial deposit of £50.00 followed by an additional payment to top up to the agreed monthly fee on the 1st of the month of commencement of your programme followed by 11 further monthly instalments on the 1st day of every subsequent 11 months.
- Should you wish to terminate before the initial 12 month period is up you will be required to pay for your final month’s attendance and £64.00 for each month remaining of the initial 12 month term in a lump sum.
- Should you wish to remain a member beyond the initial 12 month period payment will continue to be taken on the 1st of the month.
- As per our guarantee if by lunch time on the first day of the Strategy Planning Intensive you are not completely satisfied, you will be permitted to leave without any course materials and your first month’s payment shall be refunded in full.
- You are responsible for own Travel, accommodation and phone expenses incurred whilst part of this program.
By subscribing and ticking the box indicated on our checkout page, you confirm your agreement to the above.