Terms & Conditions

1. Definitions

“Company” shall mean the employer of the Delegate or the company entering into this contract for training or coaching.

“Course” shall mean any Course of training arranged by Rapid Transformation trading as OsmaanSharif.com including individual standard or bespoke Courses at both the Company’s and the Delegate’s premises; and includes Courses provided under an annual contract with the Company.

“Coaching” shall mean any one-to-one coaching arranged by Rapid Transformation & a client – including a one-off session (Un Stuck Session) or a regular coaching package spread over a period of time with the Company.

“Delegate” or ‘Client” shall mean any person or persons accepted on a Course or Coaching and includes a company or other entity who enter into this contract to supply a number of Delegates to attend a Course.

“Consideration” shall mean the price payable for any Course together with VAT at the prevailing rate.

A Course or Coaching will have commenced when the first scheduled session is conducted.

2. Registration

Provisional bookings may be made by telephone, by e-mail or through the website or online booking form.

The Company reserves the right to refuse any registration without supplying a reason.

3. Terms of Payment

An invoice will accompany confirmation by the Company of registration if requested.

The Consideration must be paid in full prior to the commencement of the Course unless otherwise agreed in writing by an officer of the Company.

A Delegate may lose a place on a Course if payment has not been made in full.

Where the Consideration is not paid in full prior to commencement of the Course, and whether or not a Delegate is allowed by the Company in writing to commence the Course, the Company reserves the right to charge interest at 2% per month until the Consideration is paid in full.

If a payment plan has been agreed or established, the Company or Delegate is contractually obliged to make the payments as agreed or their place may be cancelled.

 

4. Cancellation or alternatives

Should the Company find it necessary to cancel or reschedule any Course or Coaching, the Delegate or the Company as applicable will be offered an alternative Course or a full refund of the Consideration.

The Company reserves the right to provide an alternative venue and presenter or coach to those published.

Delegates may be substituted without penalty provided written notice is received prior to commencement of the Course and is acknowledged in writing by the Company.

5. Cancellation fees

Should a Delegate or a company cancel, the Company reserves the right to charge a cancellation fee on the following basis:

If cancellation is received:

• more than 60 working days before the commencement of the Course or Coaching, a full refund will be paid.
• 21 – 60 working days before the commencement of the Course, 50% of the Consideration shall be payable to the Company.
• within 21 working days before the commencement of the Course or Coaching, 100% of the Consideration shall be payable to the Company.
• In addition to the foregoing the Delegates or Company (as applicable) will be liable to pay the sum the value for any pre-course study materials if it has been delivered prior to cancellation. (£400 + VAT for NLP Practitioner & Master Practitioner)
• In addition if the booking was made as part of a package (including training, coaching or products), if any parts of the package are cancelled by the Delegate or Company, then the overall package price and agreement is void and the full value of each part of the package price will be charged. A further invoice will be sent if this means the Delegate or Company owes Rapid Transformation money or it will be deduced from the amount already paid.
• When booked as part of a package, the date of commencement will be for the first training course, coaching or product and they will form a total package with regards for cancellation.

6. Copyright

The Company reserves proprietary rights on all Course notes and material provided for a Delegate and no part of any Course notes or material may be reproduced or transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise or stored in any retrieval system of any nature without the written permission of the Company.

7. Acceptance of terms

No variation can be made to these terms without written consent of an officer of the Company.

These terms of business are deemed to be accepted by the Delegate by virtue of the completion and return of a registration form for a Course to the Company.

 

8. Warranties and Liabilities

(i)         The Company will use its reasonable endeavours to ensure that Courses will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with generally accepted industry standards and within the times referred to in the registration form.

(ii)        Except for the express limited warranties set out in Clause 8(iv) below, the Company makes no warranty of any kind with respect to the Courses and hereby expressly excludes all other warranties, conditions, all other terms or guarantees, written or oral, express or implied, statutory or otherwise including without limitation, any implied warranties, conditions, all other terms or warranty of merchantability, satisfactory quality or fitness for a particular purpose of the Course or Course material.

(iii)       The Company shall have no liability to any Delegate for any loss, damage, costs, expenses or other claims for compensation arising from any Course material or instructions supplied by the Company which are incomplete, incorrect, inaccurate, illegible, out of sequence or in the wrong form, or arising from their late arrival or non-arrival, or any other fault of the Company.

(iv)        Except in respect of death or personal injury caused by the Company’s negligence, or as expressly provided in these conditions, the Company shall not be liable to any Delegate by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of this Contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Company, its servants or agents or otherwise) which arise out of or in connection with the provision of the Course (including any delay in providing or failure to provide the Course or their use by the Delegate) and the entire liability of the Company under or in connection with this Contract shall not exceed the amount of the Consideration for the provision of the Course.

(v)         The Company shall not be liable to a Delegate or be deemed to be in breach of this Contract by reason of any delay in performing or any failure to perform, any of the Company’s obligations in relation to the Course, if the delay or failure was due to any cause beyond the Company’s reasonable control. The Delegate warrants that all attendees on Courses are properly authorised to attend and that they are suitably qualified to attend. The Delegate acknowledges the Company’s right to refuse admission or require the removal of any attendee where there are any doubts about identity, qualifications or if the attendee’s behaviour is unacceptable. Except in respect of liability of the Company for death or personal injury resulting from the negligence of the Company or its employees, or in respect of non-payment of monies due under this agreement, no action regardless of form arising out of the provision of Courses or facilities under this Contract may be brought by either party more than twelve months after the cause of action has been occurred.

9. Termination

Either party may terminate (without limiting any other remedy) at any time by giving written notice to the other if the other commits any breach of these conditions and (if capable of remedy) fails to remedy the breach within 14 days after being required by written notice to do so, or if the other goes into liquidation, becomes bankrupt, makes a voluntary arrangement with its creditors or has a receiver or administrator appointed or ceases or thereafter to cease to carry on business. Any such termination shall be without prejudice to any accrued rights or outstanding obligations of either party at date of termination.

10. Applicable Law

The Law of Scotland shall apply to this Contract and the parties agree to submit to the exclusive jurisdiction of the Scottish courts.

11. Force Majeure

This Contract is made solely for the benefit of the Company and the Delegate and their respective successors and permitted assignees. Neither party will be liable for any delay in or failure to perform its obligations under this Contract (other than the payment of money) where such delay or failure results from force majeure, act of god, fire or explosion.

12. General

These conditions (together with those, if any, set out in the Registration Form) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties. All other conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.

The Company and the Delegate shall, at all times, in the performance of this Contract, conform with all applicable statutory and regulatory requirements including but not limited to the Data Protection Acts 1984 and 1998 and any statutory amendment or re-enactment of them.

The Company shall be entitled to assign or transfer the Contract and/or any rights hereunder at any time. The Delegate may not assign or transfer the Contract and/or any rights hereunder without the Company’s written consent and any attempt to do so without such consent shall be void.

A notice required or permitted to be given by either party to the other under these conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.

No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right, and no waiver by either party of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.

If any provision of these conditions is held by any court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these conditions and the remainder of the provision in question shall not be affected.

Any dispute arising under or in connection with these conditions or the provision of the Course which cannot be settled amicably will in the first place be referred to a senior representative chosen by each party. If there is still failure to settle the dispute, the dispute shall be referred to arbitration by a single arbiter appointed by agreement or (in default) nominated on the application of either party by the President for the time being of the Law Society of Scotland. The decision of that arbiter shall be final and binding on both parties.

Each party warrants to the other that it has not relied upon any representation not recorded here which has induced it to enter into this Contract.