Terms & Conditions
1. The Programme
1.1. All Programmes are for individuals that want to develop their relationship capabilities.
1.2. All support delivered within the group programme is delivered remotely online.
2. The Services
2.1. The services shall include: an online curriculum comprised of 12 stages, with a preliminary foundation stage, an online community group, and online support (“the Services”) which are designed to support the Client to create healthy and secure relationships.
2.2. The aim of the Programme is to support the Client to learn a range of tools and techniques that will support their capability to create healthy and secure relationships.
2.3. In delivering the Services, the Coach agrees to provide them with reasonable care and skill.
2.4. The Client accepts and understands that the Programme is a group programme and all training and services will be delivered alongside others in a group setting.
2.5. Whilst it is intended that the substantive support will be delivered by Katarina Polonska, in delivering the Services, the Coach may engage the services of their employees, contractors and other third-party providers as necessary.
2.6. The services each month will be delivered via:
2.6.1. Access to an online portal with a curriculum of training tools and resources
2.6.2. Telegram Support group and communications
2.6.3. Three x Live group support/mentoring sessions per month
2.7. There will be appropriate 2 week breaks during holiday periods such as August and December during which there will be no sessions. In the event that we are required to reschedule a live group support session then all reasonable attempts shall be made to provide you with as much notice as possible and we shall reschedule the session within a reasonable timeframe.
2.8. When the Programme delivery commences, the Client shall be granted access to the training material and the Coach’s electronic resource library of documents, videos and training material. The training resources are extensive and shall support the Client in a number of valuable areas of their life and relationships. Training includes the 12 Stages of relational development, with downloadable PDFs, Videos, and exercises. The content library is not intended to be complete and will be added to across the Programme. Should the Client require an additional or more bespoke resource, this should be requested by email and the Coach will make reasonable attempts to provide the necessary resource within a reasonable timescale.
3. Client’s Obligations
3.1. The Client accepts that as part of the Client’s participation in the Programme they may be required to review and make decisions concerning their personal and home lift and that any such reviews, subsequent decisions, implementation and action will be the sole responsibility of the Client.
3.2. The Client accepts and understands that they are solely responsible for making decisions and taking appropriate action as a result of any matters reviewed or discussed during the Programme and that the Coach shall not be liable for the Client’s failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of the Client’s participation in the Programme.
3.3. The Client understands and accepts that engagement in the Programme and acceptance of the services is not a substitute for counselling or other therapy services. Whilst the professionals delivering the services have significant experience and may be the correctly qualified practitioner to provide support, if the Client is currently undergoing medical or other professional help concerning their health (mental or physical) then the Client should inform their practitioner of the existence of any Agreement and the extent of the services being provided and inform the Coach if appropriate and relevant.
3.4. The Client acknowledges that it is their responsibility to attend the sessions as agreed and during the sessions to participate fully, and communicate openly and honestly. Further, the Client acknowledges that they will be required to take specific action and implement advice given throughout the Programme and such action will be their responsibility.
3.5. The Client acknowledges and understands that the Programme is a group programme and that the sessions are group sessions. The Client agrees to always conduct themselves in a reasonable and responsible manner during sessions and not to act in a manner which may cause offence, distress or alarm to the individual leading the sessions or anyone else with the group.
3.6. In the event the Client acts in a way which is disruptive, or which causes offence, distress or alarm, to the mentor or practitioner then the Client will be excluded from the session. Following any removal and exclusion, the Coach will arrange a meeting with the Client to discuss the matter and to determine whether the Client will be removed and/or excluded permanently. Such a decision to be at the Coach’s absolute discretion.
3.7. The Client agrees to keep all information shared by other participants private and confidential.
3.8. Given the group nature of certain elements of the Programme, the Client accepts that any information shared will be done so across the group. The Client should consider entering direct non-disclosure agreements with other group participants if they deem such arrangement to be necessary. The Coach has no control or liability relating to information shared within a group setting.
3.9. In the event the Client has any concerns as to the Coach’s delivery of the services or the Client’s participation in the Programme in any way the Client agrees to notify the Coach of such concerns by email as soon as possible. The Coach agrees that upon receipt of notification of such concerns that the Coach will use all reasonable efforts to work with the Client to resolve the Client’s concerns.
3.10. The Client understands that, once signed, all Agreements can only be cancelled or terminated in accordance with the relevant provisions contained within the Agreement, that they are agreeing to pay the whole Fee in full in all circumstances and that refunds only apply as set out in Clause 5.
3.11. The Client confirms that all information provided to the Coach, including information which is personal and/or confidential, is true, correct, up to date and complete.
3.12 The Client understands that participation in the Programme does not guarantee success or results of any kind. The Client understands that there is no guarantee of meeting a life partner during the program and that there are no matchmaking services, but a coaching program to help them learn relational skills. Any testimonials provided in connection with the Programme or any other offers of the Companies reflect third party opinion and are not a guarantee. No guarantees of any kind are provided. The Client is solely responsible for making decisions and taking appropriate action as a result of any information covered during the Programme. As part of the Programme the Client will have access to information, resources, people and support designed to benefit the Client and the Coach’s shall not be liable for the Client’s failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of the participation in the Programme or our delivery of the Services.
3.13. The Client understands that any materials and information provided during the Programme and delivery of the Services is for general information purposes only and do not constitute psychological advice.
3.14. The Client agrees that they will not canvass, promote or advertise their products or services to any employee, client or contractor of the Coach or use their participation within the Programme to canvass, promote or advertise their products or services without the Coach’s express consent, such consent not to be unreasonably withheld.
3.15. The Client agrees that during the Programme and for 12 months afterwards, that they shall not solicit any of the Coach’s clients or prospective clients without the Coach’s express consent, such consent not to be unreasonably withheld.
3.16. The Client agrees that for the duration of the Programme and for a period of 12 months afterwards, that the Client will not employ, engage or attempt to induce, employ, solicit or entice away from the the Coach, or any of the Coach’s employees, or contractors that were engaged, employed or contracted to the Coach at any point during the period of the Programme without the Coach’s express consent in writing, such consent not to be unreasonably withheld.
3.17. The Client agrees to indemnify and hold harmless the Coach for any action taken against the Coach due to the Client’s violation or disregard of:
3.17.1. any provision of all Agreements;
3.17.2. the Client’s participation in any way in the Programme.
4. Refunds and Cancellation
4.1. Due to the business to business contractual relationship formed within any Agreement between the Client and the Coach, no refund shall be permitted if the Client changes their mind. It is therefore important that the Client checks the Programme details for suitability before purchasing. Should the Client have any questions before joining, the Coach would be happy to arrange a discussion.
4.2. Notwithstanding, Clause 5.1, the Client’s statutory refund rights to a refund remain. The Client is reminded of their obligations and agreement to handle any issues in accordance with Clause 3.9 so that they can be resolved quickly and the highest service level can be provided at all times.
4.3. Should the Client wish to cancel their place on the Programme and stop attending the sessions, they shall be permitted to do so but they must pay the balance of the Fee should any proportion be outstanding.
5. Termination
5.1. Until the expiry of the initial six months, all Agreements may only be terminated by either party providing written notice in accordance with the terms of any Agreement in the following circumstances:
5.1.1. either Party commits a material breach, and if it is a breach being capable of remedy, the Party in breach fails to remedy the breach within 14 days of being notified of the breach by the other Party; or
5.1.2. either Party commits a material breach which is incapable of being remedied;
5.2. will be entitled to limit the services or suspend, and/or terminate the Agreement without refund of any Fee, whether paid or remaining due, if the Coach reasonably determines that the Client:
5.2.1. is becoming disengaged, disruptive or if the Client impairs the participation or progress of the Programme and/or provision of the Services. For the purposes of all Agreements, the terms disengaged and disruptive shall be given their ordinary dictionary meaning and examples of such behaviour shall include, but not be limited to, displaying a lack of interest in the services, repeatedly missing sessions to be without reasonable justification or reason, failing the Coach to positively contribute to discussions during sessions or other contact, repeatedly ignoring or the Coach failing to respond to emails or other messages, communicating in a way which is abusive or intended to offend any coach, trainer or practitioner; and/or
5.2.2. is failing to follow or abide by any of the terms set out within any Agreement or any other terms or guidelines as may be agreed whether such action constitutes a material breach or not.
5.3. Upon termination for any reason, the Client’s access to all services, access to any private social media accounts or groups, and any other online resources, will be removed, unless expressly agreed otherwise. The Coach will not be liable to the Client for any claims relating to the removal of that access.
6. Confidentiality, Intellectual Property and Data Protection
6.1. To maximise the efficiency and results of the Programme the Client accepts that they will be encouraged to disclose personal and/or confidential information. The Coach respects the value of such information and shall not, either directly or indirectly, communicate or disclose, make available to, or use for his/her benefit or the benefit of any other person or entity, the Client’s ideas, personal information, know-how, business practices, concepts and techniques, plans, trade secrets, and other confidential and/or proprietary information (collectively, “Confidential Information”) that the Client may disclose to the Coach or that may be disclosed as part of the provision of the services to which any Agreement relates.
6.2. Confidential Information for the purposes of any Agreement excludes any information that:
i. was already known to the Coach before being provided with that information by the Client;
ii. is already accessible in the public domain;
iii. is provided to the Coach by a third party separately from any Agreement and without any breach of the terms of any Agreement; or
iv. is produced, developed or collated by the Coach independently of the Client and without any breach of the terms of any Agreement.
6.3. In the event information is provided to the Coach by the Client which causes the Coach to fear that the Client is at risk of danger to themselves or others then in such circumstances the Coach will be permitted to disclose such information as is necessary to health practitioners for the protection of the Client or others.
6.4. The Client should be aware, unless they expressly request otherwise, information provided to one individual within the Coach will be shared with others as appropriate. Mailboxes, including social media inboxes, will be accessible by multiple people across the Coach.
6.5. This clause will not apply in the event the Coach is subject to a relevant court or other forms of legal or statutory order requiring disclosure by the Coach.
6.6. By entering into any Agreement with the Coach, the Client hereby agrees and undertakes;
6.6.1. not to infringe any of the Coach’s copyrights, patents, trademarks, trade secrets or other intellectual property rights;
6.6.2. that any Confidential Information disclosed by the Coach is confidential and proprietary and belongs solely and exclusively to the Client that disclosed it;
6.6.3. not to disclose such Confidential Information to any other person or use it in any manner other than in discussion during Programme sessions;
6.6.4. that all materials, information and any data provided by the Coach are that individual’s confidential and proprietary intellectual property and belong solely and exclusively to them, and may only be used by the Client as expressly authorised by the Coach; and
6.6.5. the reproduction, distribution, and/or sale of any information or materials provided during provision of the Services or at any time thereafter by anyone but the Coach is strictly prohibited. The Client agrees that in the event of any breach of their obligations contained in this Agreement then damages, loss or irreparable harm may arise and that in such circumstances the Coach will be entitled to seek relief, including injunctive relief against the Client.
6.6.6. to preserve and protect the Confidential Information of other Programme Participants and not to make any disclosures relating to information shared by third parties.
6.7. No recording of any of the Programme sessions or any live webinars or video resources that are shared by the Coach as part of the Programme is permitted without the Coach’s express consent.
6.8. The parties agree that in relation to any of the Coach’s information, whether confidential or not, that is shared between the Parties that they shall be individually responsible to comply with any and all relevant data protection laws and legislation.
6.9. Any information or data that is provided by the Client pursuant to any Agreement, including Confidential Information, will be maintained by the Coach and stored, accessed and processed in accordance with recognised data protection legislation. Full details of how the Coach processes personal data reference should be made to the Privacy Notice displayed at: https://www.katarinapolonska.com/privacy-policy
6.10. Both Parties agree to take appropriate steps to keep all information safe and secure and to protect against loss and destruction, including accidental, and any unlawful or unauthorised processing.
6.11. Both Parties agree to provide a copy of all information held upon receipt of a proper and reasonable data request. Any such request shall be dealt within a reasonable time.
6.12. All documentation and information provided to the Coach during the course of the Programme will be retained in accordance with relevant retention guidance for a period of no less than 6 years.
6.13. The Client should be aware that recordings of group sessions, within which they may feature, will be available to others within the group for the duration of the programme and afterwards as part of ongoing access to resources.
6.14. In circumstances where the Client provides a testimonial, written or video, they provide authority and permission for the Coach to utilise that testimonial in the manner that the Coachsees fit, including public advertising and marketing, unless and until permission is withdrawn by the Client in writing.
6.15. As part of the delivery of the services the Coach will provide certain materials and resources under licence. These materials shall include, but not be limited to, Programme handouts, workbooks, Programme materials and resources. The Coach shall own all methodologies, systems and processes delivered within the Programme, notwithstanding which mentor or practitioner has delivered the session.
6.16. The Coach will grant to the Client a personal, limited, non-transferable, non- exclusive, revocable licence to access and use the materials, resources and methodologies provided as part of the Programme solely for the Client’s business purposes and for the purposes as intended by any Agreement.
6.17. The Client must not use any of the materials or resources provided by the Coach during delivery of the Programme for:
6.17.1. any commercial purpose or benefit without first obtaining the Coach’s express written permission and relevant licence if applicable;
6.17.2. any unlawful purposes, would cause harm or distress to another person or would cause damage to our business or reputation.
6.18. The obligations set out within this Clause 7 shall survive the termination of any Agreement.
7. Liability
7.1. The Coach has made every effort to accurately represent the Programme and the Services. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results. Each individual’s success depends on many factors, including his or her background, dedication, desire, and motivation. As with any personal and relational endeavour, there is no guarantee of outcome and the Coach makes no guarantee, representation or warranty as to the outcome the Client may experience in connection with the Services provided.
7.2. The Coach will not be liable to the Client for any indirect, consequential or special damages.
7.3. From time to time the Coach may refer to, introduce or utilise the services of expert coaches and advisors. The Coach shall not be liable for any of those services and makes no recommendations as to their suitability for the Client.
7.4. None of the Services shall be construed as medical, legal or financial advice and the Client should seek input from third party professionals should additional advice be required.
7.5. In the event damages are incurred by the Client as a result of the Coach’s default or violation of any of the terms of any Agreement, the Coach’s entire liability under any Agreement is limited to the amount paid by the Client to the Coach as at the time the loss is sustained.
7.6. During the term of any Agreement and at any time thereafter, the Client agrees to take no action which is intended, or would reasonably be expected, to harm the Coach, her agents, employees, contractors, or clients, or its or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to , her agents, employees, contractors, or clients.
7.7. In the event a dispute arises in connection with any Agreement and the provision of the Services which is incapable of being resolved by mutual consent then the Parties agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible following mediation then legal action shall be commenced.
7.8. The Parties agree that they have adequate insurance cover to meet any liabilities that may arise in connection with any Agreement.
7.9. Nothing in any Agreement shall limit or exclude liability for: death or personal injury resulting in negligence, fraud or fraudulent misrepresentation nor shall it exclude any liabilities that may not be excluded under applicable law.
8. Notice
8.1. Where reference in any Agreement is made to the provision of a notice then any such notice shall be validly served if sent by email, or first-class post to the address of the other party as set out in any Agreement and shall be deemed served as follows:
8.1.1. if sent by email, upon receipt of a valid delivery notification, if prior to 5 pm UK time, or at 9 am the following business day;
8.1.2. if by post, on the second business day after posting.
8.2. The Client must ensure that their contact information is kept up-to-date and any change of address is communicated within 7 days.
9. General
9.1. The failure of either Party to actively enforce any provision of any Agreement shall not prevent that party from subsequently seeking to enforce any term or obligation of any Agreement and any such failure shall not constitute a waiver, diminution or limitation of any right.
9.2 In the event any provision of any Agreement is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
9.3 This is the entire agreement between the Parties and supersedes all other negotiations, drafts, correspondence and discussions prior to the execution of any Agreement.
9.4. Every effort will be made to carry out any Agreement and provide the Services, but the Coach shall not be liable for any delay or failure in the provision of the Services should the Coach be prevented or delayed by reason of an Act of God, Strike, War, Riots, Lock Outs, Fire, Epidemic, Flood, Accident, Delays in Transit, any Act or Omission of a Telecommunications officer or Third Party Supplier of Services, or any other circumstances beyond the Coach’s control. In such circumstances time of delivery of Services shall be extended until a reasonable time after the event preventing or interfering with the due execution, and under no circumstances will the Coach be liable for any loss or damage suffered by the Client as a result thereof.
9.5. The Coach acknowledges the importance of electronic communications to the delivery of the Programme and agrees to use all reasonable endeavours to provide reasonable contingency provisions to limit any impact or delay which may be caused to the provision of the Services by delay or failure of telecommunications services. Nothing in this provision will affect the application of this clause where an unexpected event occurs.
9.6. All Agreements shall be governed by the laws of England and Wales. The Parties to any Agreement submit to the exclusive jurisdiction of the Courts of England and Wales.
9.7. The Client agrees that no other representations have been made by the Coach to induce the Client into entering into all Agreement and no modification to the terms of all Agreement shall be effective unless in writing and signed by both parties.
9.8. Save as provided for in clause 8.4 the Contracts (Rights of Third Parties) Act 1999 shall not apply to all Agreement.
9.9. The Client acknowledges that he/she has been given sufficient time to seek legal advice prior to entering into all Agreement.