Agreement | Terms & Conditions
Effective date: 7th July 2023
The Company: 5S Projects Limited & Sonal Bhaskaran
The Client: You as a student and member of the Focused Action Amplifier, The Focused Action Amplifier Essentials, High Magick Catalyst and The 5 PEAKS Method®
1. Coaching, Consulting & Training Partnership
Whether it's within the FAA or you engage in 1:1 sessions with me:
1a. You're committed to doing the work required as part of the coaching and 5 PEAKS Method® in order to achieve the results you want to see and I will be committed to making sure that I am there to support and guide you towards it in my capacity as a Decision Coach & High Magick Healing Practitioner
1b. The FAA is a community based membership. It is essential that we co-create a sage and supportive space for each other. This means treating each other with respect, care and consideration. Any form of abuse, harassment or bullying will not be tolerated. Where this occurs, the student will be removed from all services, without compensation. If you are the recipient of such behaviour, do not engage with the sender but contact me, Sonal Bhaskaran, in the first instance.
1c: You have unlimited access to me. That means you can contact me at anytime and I will get back to you within 24 hours (unless I advice otherwise) via WhatsApp, the community, FAA 121 laser coaching (30 minutes). If there is something that requires more time, or you need a paid intensive session we can book that in separately. While I will proactively check in, it is your responsibility to reach out to me when you need support from me, especially on the days where you want to shut yourself away from everything and it might seem like the hardest thing to do.
1d. When you enter this group, you'll be leaving your old thought patterns and habits behind. It can be scary, but I'm with you all the way. Instead of shutting things out or not being open to new ways, you agree to remain curious and open instead.
1e. You have access to the Focused Action Amplifier and the 5 PEAKS Method® to the end of your paid subscription period. I want to make sure this program works for you not just for now, but for the time you decide to stay with us. For it to work, I need to know what works and what doesn't from you. This means you must be willing to proactively provide feedback. I may not always implement all the feedback as provided, but I will never disregard it.
1f. You're not here to have your ego massaged, you're here to be and live better than you are today. That means accepting uncomfortable truths sometimes and changing things we don't want to, but need to. I will always do this in a caring and compassionate way, but I will never lie to you to make you feel better. You will need to accept and work on the uncomfortable.
1g. This is training, consulting and not just learning and coaching. You will get all of what you need to move forward with each step through the 5 PEAKS Method®. Sadly, I can't do the work for you (even if I want to). And even if I did, it would do you no good. Imagine you want to lose weight, but you don't go to the gym and eat 3x your bodyweight in unhealthy foods. If I went to the gym, and ate clean, I'd be the one looking buff and feeling healthy, not you. But when you do get stuck, you have me to reach out to so that I can support you in the best way I can to get you driving forward. Ultimately, the work you put in will determine the results you achieve.
The legal bits we love to hate
Don't steal like an artist or like a thief.
"Ditch Average. Be Exceptional", The Focused Action Amplifier & "The 5 PEAKS Method® are all copyrights or trademarks of 5S Projects Limited & Sonal Bhaskaran.
They've all been designed from my decades of professional and personal experience. A lot of blood, sweat and tantrums have gone into the group container, and the "The 5 PEAKS Method® that they deliver.
You agree not to plagiarise, replicate, duplicate, reproduce, distribute, modify, rephrase or share any element of the Focused Action Amplifier, The 5 PEAKS Method®, "Ditch Average. Be Exceptional" either physically, digitally, offline or online.
This includes, but is not limited to, assets such as the the content of the 5 PEAKS Method®, each PEAK of the the 5 PEAKS Method®, the process of the 5 PEAKS Method®, the website, landing pages, associated content, lessons, text, videos, slides, audios, workbooks in any format either physically, digitally, offline or online.
Doing so will result in legal action in addition to immediate removal from all services without compensation.
Interpretation
Any reference in this Agreement to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
The headings in this Agreement are for convenience only and shall not affect its interpretation.
Any reference to a clause or service shall be construed as a reference to a clause of or service to this Agreement unless expressly stated to the contrary.Any reference to a statute or statutory provision is to it as from time to time in force as amended or re-enacted.
Use of the word “including” is without prejudice to the generality.
Provision of the ServicesThe Company shall provide and perform the Services on the terms and conditions of this Agreement and will do so:- in compliance with all applicable laws, regulations, codes of practice and professional standards;- with reasonable skill and care;- in accordance with the terms of this Agreement, including the timescales specified in the sales material and on-boarding call- in accordance with good professional practice.
Personnel
The Company operates remotely and shall use its reasonable endeavours to ensure that the same personnel provide the Services in order to maintain consistency and build a relationship with the Client.
The Client shall not at any time during the term of this Agreement or for a period of 6 months following its expiry or termination employ or solicit for employment or engage on any basis any member of the Company’s personnel (whether employed or engaged on some other basis by the Company).The Client acknowledges the cost to the Company of losing and replacing any such person and the Client agrees that if it breaches the provisions of the above, the Client shall pay to the Company by way of liquidated damages a sum equal to the greater of (i) £50,000; and (ii) an amount equal to the person’s aggregate annual gross remuneration package.
Obligations of the Client
The Client shall provide the Company with such information and access to such facilities and personnel as the Company shall reasonably require in order to provide the Services.
The Client shall make such decisions and provide such instructions as the Company shall require and at the time that the Company requires to enable the Company to provide the Services.The Client acknowledges that the Company’s ability to provide the Services and to meet any timeframe agreed for the provision of the Services is dependent on the Client providing that information and access and providing those decisions and instructions at the times required by the Company.
Intellectual Property
Any pre-existing Intellectual Property Rights of either party that are made available for use in connection with the provision of the Services shall remain vested in that party; the other party shall have a licence to use those rights so far as may be necessary to enable that party to provide or to enjoy the benefit of the Services.
All Intellectual Property Rights that are created in the course of the provision of the Services and in the Deliverables shall belong to the Company; the Client shall have a royalty free, perpetual licence to use those rights as envisaged by this Agreement to enable the Client to have the benefit of the Services personally and professionally
The Company warrants to the Client that the Deliverables will not in any way infringe the Intellectual Property Rights of any other person and the Company will indemnify the Client and keep the Client fully indemnified in respect of any losses, liabilities, demands, actions and claims that the Client might incur or suffer as a result of any breach of this warranty.
If the indemnity in clause 22 is to be called upon the Client shall:- promptly notify the Company in writing of the claim;- make no admission or settlement without the Company’s prior written consent;- allow the Company to have control over the conduct of the claim including any litigation; and- give the Company such assistance and information that the Company reasonably requires.- The Company shall have no liability under the indemnity in clauses 13 and 22 where the alleged infringement arises from the Client using the Deliverables in any manner or for any purpose other than those for which they were provided.
Confidentiality
The Company and the Client may, during the course of this Agreement and in connection with the Services, obtain information relating to the other party which is not made available generally by that other party (“Confidential Information”).The receiving party shall:- keep all Confidential Information confidential and not disclose it to any person (save as required by law)- use the Confidential Information only for the purpose for which it was provided and for no other purpose.- Treat all details specified within the Agreement (including the services to be provided, deliverables, fees, and additional charges) and any associated quotes as confidential and will comply with the conditions above
Data Protection Both parties will comply with all applicable requirements of the Data Protection Legislation. This is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.
The parties acknowledge that for the purposes of the Data Protection Legislation, the Client is the data controller and the Company is the data processor (where “Data Controller” and “Data Processor” have the meanings as defined in the Data Protection Legislation).
The Client will ensure that it has all necessary appropriate consents and notices in place to enable lawful transfer of the personal data to the Company for the duration and purposes of this agreement.
The Company shall, in relation to any personal data processed in connection with the performance by the Company of its obligations under this agreement: - process that personal data only for the purposes of this agreement or on the Client’s written instructions. - ensure that it has in place appropriate technical and organisational measures, to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting personal data, ensuring confidentiality, integrity and availability of its systems and services, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it; - ensure that all personnel who have access to and/or process personal data are obliged to keep the personal data confidential; and - not transfer any personal data outside of the UK unless the following conditions are fulfilled: - the Company has provided appropriate safeguards in relation to the transfer. - the data subject has enforceable rights and effective legal remedies. - the Company complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any personal data that is transferred; and- the Company complies with the Client’s reasonable instructions notified to it in advance with respect to the processing of the Personal Data.- assist the Client in responding to any request from a data subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators. - notify the Client without undue delay on becoming aware of a personal data breach.- at the Client’s written direction, delete or return personal data and copies thereof to the Client on termination of this agreement unless required by applicable law to store the personal data.- maintain records and information to demonstrate its compliance with these provisions.
Fees
The Company shall charge and the Client shall pay the amounts set out on the on-boarding call.
Any sums stated in this Agreement are expressed inclusive of VAT. All other taxes which, where applicable, will be added and payable by the Client in addition.
The Client shall in addition reimburse the Company for additional expenses or services provided they are reasonable and properly incurred.
Payment
The Company shall either invoice the Client on the basis set out on the onboarding call or set up as a direct debit with payments spread over an agreed time period, with full or the first payment due at the point of signing, and subsequent payments paid one month in advance.
The Client shall pay all valid and properly submitted invoices not later than 7 days after they are received or at such other times as agreed and set out on the On-boarding callIf the Client does not pay any invoice by the due date for payment, the Company may, without prejudice to any other rights and remedies that it may have:- suspend provision of the Services until payment in full including any interest is received; and/or - charge interest on the sum outstanding at the rate set by the Late Payment of Commercial Debts (Interest) Act 1998. - The Client shall pay all invoices in full without any set-off or deduction.
Duration
This Agreement shall commence on the date of the Client's first payment and shall continue in force, subject to early termination in accordance with the following clause, until terminated by either party.
Termination
Either party may terminate this Agreement forthwith on notice to the other party if that other party: - is in material breach of any of the terms of this Agreement and, where the breach is capable of being remedied, fails to remedy the breach within 20 Business Days of service of notice specifying the breach and requiring it to be remedied; - has a petition granted for its winding up or has a liquidator, administrator, receiver or administrator appointed in respect of it, enters into an arrangement with its creditors or ceases, or threatens to cease, trading.
Consequences of Termination
Termination as above may be in respect of this Agreement.
On termination of this Agreement for any reason and at the end of the provision of the Services, the Company shall return all property, equipment, documentation and other things provided to it by the Client in connection with the provision of the Services.Termination of this Agreement shall not affect any right or remedy which has accrued due at the time of termination.
LiabilityNothing in this Agreement shall limit or exclude the liability of either party for death or personal injury caused by the negligence of that party, its employees, agents or sub-contractors, or for fraud.Subject to the Force Majeure below, the Company shall have no liability to the Client in connection with this Agreement for any loss of profits, loss of revenue, loss of business, loss of contract, loss of goodwill, loss of data or failure to make anticipated savings or any indirect or consequential loss, whether this results from breach of contract, negligence or otherwise.
Subject to the Force Majeure below, the maximum aggregate liability of the Company to the Client under or in connection with this Agreement and whether resulting from breach of contract, negligence or otherwise shall not exceed the amount payable by the Client under this Agreement in respect of the fees or £250,000 whichever is the lower, prior to the date on which such liability arises.
Force Majeure Neither party shall have any liability for any failure to perform or delay in performing any of its obligations under this Agreement if and to the extent that such failure or delay is caused by reasons, circumstances or events beyond the reasonable control of that party.If a party is affected by any circumstance or event of the type described in the "Personal Agreement" below, that party shall notify the other party as soon as reasonably practicable and the parties shall each use all reasonable endeavours to minimise the impact on the obligations that are affected.
Personal agreementThis Agreement is personal to the Company and the Client and neither of them shall assign any of their rights under this Agreement without the prior written consent of the other.
The Company may sub-contract part or parts of its obligations under this Agreement but shall remain liable for the performance of those parts that have been sub-contracted.The parties do not intend any person who is not a party to this Agreement to have any rights under it whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Entire AgreementThis Agreement (together with any Statements of Works) constitutes the complete and exclusive agreement between the parties in respect of the subject matter to which it relates and supersedes all prior correspondence, agreements and understandings.
Status
The Company and the Client are independent of each other and nothing contained in this Agreement shall or shall be capable of creating or constituting between them any partnership or joint venture or any relationship of employment or agency.
The Company shall have no authority to incur any liability or expense on behalf of the Client or to make any promise, representation or commitment that might be binding on the Client without the prior written consent of the Client.
Contact Us
If you have any questions, concerns or complaints about this Agreement | Terms & Conditions, please contact me by email: sonal@sonalbhaskaran.com
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