1. Parties
1.1. This Agreement between JHPR Ltd, a company incorporated in England and Wales under number 10531684 whose registered office is at Unit M228 Trident Business Centre, 89 Bickersteth Road, London, SW17 9SH (JPHR) and the Client.
2. The Service
2.1. Publicity with Purpose (the Club) is a visibility club for coaches, consultants and experts to equip them with the tools to clarify their message and increase their visibility, public profile and impact.
2.2. The services will be provided with reasonable skill and care, however, in the event of any query or complaint in connection with the Club, please speak to a member of JHPR email [email protected]
2.3. References to “we”, “us” or “our” relates to JHPR. References to “you”, “your” or “participant” refers to the Client.
3. Term and Service Provided
3.1. The Initial Term is 30 days, thereafter you may terminate this Agreement on 30 days notice by emailing [email protected]
3.2. The Club includes the following services (the Services):
3.2.1. 1-2 visibility in-person strategy days per month;
3.2.2. Access to Publicity with Purpose community;
3.2.3. Direct support from us on matters relating to the Club, via Slack within the hours of 9.30am - 6pm; and
3.2.4. Access to templates, documents and other resources at the discretion of us.
3.3. You acknowledge that implementing the training and information provided through the Club is exclusively your responsibility.
3.4. You understand that in order to enhance the working relationship, you agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Club.
3.5. We make no guarantee as to a particular result that you may wish to achieve under this agreement, representations or warranties of any kind or nature, expressed or implied with respect to the services delivered under this agreement.
3.6. If you believe that the Services are not working as desired, you will immediately communicate that to us and both will take action to address the situation.
4. Cancellation and Refund Policy
4.1. If we are unable to provide the Services, training or Club as advertised, for reasons beyond our control, we will notify you as soon as possible. We will always endeavour to offer an alternative date or training to the same value.
4.2. If you have entered into this Agreement remotely, such as online or by telephone, you have a right to cancel this Agreement within 14 days from entering into the Agreement and are entitled to a refund of any amounts paid. You must email [email protected] and confirm your instructions to cancel this Agreement within the 14 days. This clause does not apply if you have entered into this Agreement at an in-person event. Where you have accessed any of the Services within the 14 day period you waive your right to a refund. This clause does not apply if you have entered into this Agreement at an in-person event.
4.3. Notwithstanding Clause 4.2, you have no right to a refund.
4.4. Where a refund is applicable or granted, we will refund money using the same method used to make the payment, unless we have expressly agreed otherwise.
5. Payment
5.1. You agree to pay the monthly fee as advertised through www.binghamhouse.com
5.2. The first monthly fee must be paid prior to the commencement of the Services.
5.3. If one monthly fee, that is due, is missed, the Services could be suspended. For the avoidance of doubt, you will still be liable for the outstanding fees.
6. Confidential Information and Privacy
6.1. All information discussed during the Club will remain confidential, unless your expressed consent is given to share any information.
6.2. Since certain privileged information may be discussed during the Club and other associated event or training, it is important that you help us maintain your privacy and
confidentiality and those of other participants by acknowledging and agreeing:
6.2.1. That the information discussed by other participants may be private or confidential; and
6.2.2. Not to directly, or indirectly communicate or disclose (whether in writing, orally,
or in any other manner) any information that is stated by a participant to be confidential, if disclosed within the Club or any other associated event or
training.
6.3. We may hold and store your personal data (including your name, email address, postal
address, photograph, and credit card (under certain circumstances)) to (i) pay for services, (ii) provide detail of our other services to you or (iii) to complete internal administration related to you.
6.4. We may contact you (by mail, email, telephone, SMS or via the internet) in relation to the Service or other events, products or services in which you may be interested. If you wish to opt-out of such communications, please write to us at
[email protected].
6.5. We may photograph or film during the Club, associated events and/or trainings and our lawful basis under the GDPR is our legitimate interests for the purposes of promoting future events and growing our business. This will not affect your individual rights. In the event that you do not wish to be photographed or filmed during the event please make it known to a member of the team, and we will do our best to accommodate your request.
7. Intellectual Property Rights
7.1. The you acknowledges and agrees that:
7.1.1. All materials relating to us, whether presented before, during or after you enter into this Agreement or any other associated event or training, including within the Club, are part of our “intellectual property rights”, which includes
registered and unregistered rights in any copyright, patents, know how, trade secrets, trademarks, trade names, design rights, get-up, database rights, and all similar rights;
7.1.2. You will not, at any time, do anything that would infringe our intellectual property rights, including recording, reusing, reselling or reproducing, in whole or in part, any event content, except without our prior written consent.
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8. Limitation of Liability
8.1. The you confirms that the following statement relating to your health and wellbeing are
true and accurate and if at any time during any event or training you become distressed, issues arise, or those statements become untrue, we ask you to immediately inform a member of our team:
8.1.1. You are over 18 years of age.
8.1.2. You are participating in the Club of your own free will and accept total responsibility for your physical and emotional wellbeing at all times, and you are in good emotional, mental and physical health.
8.1.3. You are not under the influence of any drugs or alcohol.
8.1.4. You are not taking any medication (whether prescribed or otherwise) or undertaking treatment for any mental health or psychiatric illness from any medical practitioners, health practitioner, counsellor or psychotherapist. If you are taking medication, you declare that you have seen a medical practitioner and you have been advised that any
participation in the Club will not cause you harm of any nature.
8.1.5. You are responsible for the safe-keeping of any personal property you bring to an in person day, training or event and you will not leave it unattended.
8.1.6. You understand that training and hot-seat calls may contain strong
language, loud music, video displays and audience participation.
8.2. To the maximum extent permitted by law, our aggregate liability arising out of or related to the Club, the Services or this Agreement, whether in contract, personal injury,
damage to belongings or otherwise shall not exceed the amounts actually paid by you for the Club.
8.3. To the maximum extent permitted by law, we will not be liable to you in any way for: (i) any cost, loss of income, or for any loss or damage; or (ii) any event that we cannot reasonable control, and which would have been unavoidable (despite reasonable commercial efforts to prevent the event happening) or resulting from us complying with any relevant requirement under any law or regulation to which we are subject.
8.4. In no event shall we be liable to you for any indirect, consequential or special damages. Notwithstanding any damages that the you may incur, our entire liability under this Agreement, and the your exclusive remedy, shall be limited to the amount actually paid by the you under this Agreement for all services rendered through the term, in as far as permitted by law.
8.5. Nothing in this Agreement shall be taken to exclude any liability of either party for death or personal injury caused by its negligence or any fraudulent misrepresentation.
9. Termination
9.1. If payment is not received as agreed, the Services may be suspended until the breach is rectified. We reserve the right to terminate this Agreement for non-payment.
9.2. If you breach the Agreement and either the breach cannot be rectified or has not been rectified within 21 days, we have the right to terminate this Agreement.
9.3. Otherwise the Agreement will terminate on you providing us with 30 days’ notice to terminate this Agreement by emailing [email protected] For the avoidance of doubt, where a payment falls within the 30 days notice period a full payment will be due.
10. General
10.1. This agreement is not enforceable by any third party (whether under statute or otherwise).
10.2. Any notices under this Agreement shall be via email or in writing to the email address provided by the other party.
10.3. This Agreement is the entire Agreement between the parties in relation to its subject. No other terms apply.
10.4. Variations to this Agreement will have effect when agreed in writing by the parties. The unenforceability of any part of this Agreement will not affect the enforceability of any other part.
10.5. Unless otherwise agreed, no delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
10.6. This Agreement and any issues arising out of, or connected to it, are governed by English law and subject to the courts of England and Wales.
