INTRODUCTION

These are the standard terms and conditions of service provision for The Wellspring (TW), of PHBC Building, Wide Way, Mitcham, Surrey, CR4 1BN, and all work undertaken by TW shall be on these terms unless specifically varied in writing and agreed to by both parties prior to any event or service.

TERMS AND CONDITIONS OF SERVICE

By using the website, accessing material produced or attending an event, you, the client have engaged TW to provide advice, support, counselling, coaching and guidance, as well as a wellbeing service.

THE CLIENT

Hereafter, the client, referred to as ‘Client’ refers to any individual, couple or group with whom this agreement is reached. TW reserves the right to determine whether the Client relationship is with the individual, the authorised representative, the group or the organisation represented. In the first instance, the relationship shall be deemed to be with the individual.

MARRIAGE

TW holds to the traditional Christian view of marriage (between one man and one woman).

AGE

The Client or authorised representative of the Client certifies that he or she is at least 18 years of age and legally capable of entering a contract on behalf of the Client.

CONFIDENTIALITY AND LIMITED LIABILITY

TW warrants to hold in the strictest confidence, all information provided or disclosed during a session or event and not disclose this information without consent of the client.

The Client agrees that TW has a legal duty to report any information provided or disclosed during a session or event that may be deemed illegal or an act of terrorism.

To the maximum extent permitted by law, the client hereby releases TW and agrees to hold TW harmless from any and all causes of action and claims of any nature resulting from the services, including (without limitation) any act, omission, opinion, response, advice, suggestion, information and or services of any kind provided by TW.

ASSIGNMENT OF SERVICES

TW reserves the right to assign certain subcontractors to any service or event, in order to ensure the right fit for the client needs. TW warrants all services provided by subcontractors for the client. When subcontracting is required, TW will only use appropriately recognised professionals and individuals.

PRICING AND PAYMENT

All prices quoted by TW may be amended when agreed with the Client and the Client will reasonably consider any errors or omissions or where an increase is caused by a change in the circumstances beyond the reasonable control of TW.

Any query arising from a payment request must be notified to TW in writing by the Client within 7 working days of the date of the payment request. Any query outside this timeframe will render the full invoice payable on the due date.

CANCELLATION

Should an event or service be cancelled, the following cancellation charges will apply and extend to the total applicable charges. In addition, the client will settle any third-party charges incurred by TW on behalf of the client.

REFUND ENTITLEMENT

• 31 days or more prior to the event 100% refund
• 15 to 31 days prior to the event 50% refund
• 14 days or less prior to the event 0% refund

All cancellations must be received in writing from the client and will be deemed to take effect from the date of receipt.

POSTPONEMENT

Any postponements of confirmed and contracted business or any Public Health Emergency declared by Public Health England, the Chief Medical Officer for England or any law or any action taken by the UK government or UK public authority that directly affects the operation of the event will be considered as a cancellation in accordance with the above cancellation clauses. However, provided the revised event date is agreed (subject to availability) and takes place within 12 months of the original event date, payments received by TW from the client shall form a credit towards the future event. Should any postponement costs be incurred by TW, the client will be notified and these costs will be deducted from the amount held as credit.

LIABILITY

On some events, if the activities that the Clients undertakes are deemed dangerous, neither TW or its subcontractors or agents shall be liable for any damage, loss, delay or expenses caused to the client, its employees, agents, licensees or invitees or any other persons attending the event except insofar as it results from the negligence of TW or breach of contract. Please note that during particular events and on certain activities it may be necessary to request individuals to sign a liability waiver on the day of the event.

FORCE MAJEURE

TW shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God (other than one arising from or related to directly or indirectly from volcanic ash), strikes, lockouts, accidents, war, fire, breakdown of plant or machinery, and TW shall be entitled to a reasonable extension of its obligations.

SEVERANCE

If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.

GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.