Elevate Terms and Conditions
Last Updated: 23rd December, 2022
Welcome to Elevate. Please read our Terms and Conditions carefully.
1. These Terms
1.1 Terms. By successfully submitting your application form, booking or sign-up request, you agree to accept all the terms and conditions in this agreement (“Terms”). These Terms constitute an agreement between you, whether an individual or an organisation, (“you”) and Elevate propriétaire Edmiston (“Elevate”, “us” or “we”).
1.2 Acceptance. By asking us to confirm your booking, or by signing up for one of our courses, you are accepting these Terms and acknowledging that you have read and agree with them. If you are making a booking as a group, or on behalf of an organisation, you are responsible for sharing these Terms with all members of that group or organisation. We will not be liable for your failure to share these Terms with all members that will be involved in the performance of the Services.
1.3 Services. These Terms apply to your use or access of our training, courses, e-learning modules, workshops, experiences, coaching sessions, events, retreats, supporting materials and/or related services provided by us (our “Services”).
2. About us and contact information
2.1 Who we are. Elevate propriétaire Edmiston (Jacqui Edmiston) hereinafter known as ‘Elevate’ is a sole proprietorship offering mental fitness, mindfulness, training and coaching services to individuals and organisations, with address at PO Box 94, 1009 Pully, Vaud, Switzerland.
2.2 How to contact us. You can contact us by emailing us at jacqui@elevateperformance.ch.
2.3 How we may contact you. If we need to contact you, we will do so by telephone (via call or WhatsApp), or by writing to you at the email address or postal address you provided when you registered with us.
3. Our contract with you: booking, acceptance, and confirmation
3.1 Booking. By submitting a booking request, accessing, or using our Services, you represent and warrant that:
a) you are of sufficient age to use, attend or access our Services and can create binding legal obligations;
b) you are legally authorised to act on behalf of those you represent and accept these Terms on their behalf if and as applicable, and are financially responsible for paying for the Services;
c) the information supplied by you or any members of your group or organisation is true and correct; and
d) we will not be responsible for, and you agree to indemnify us for, your failure to (i) provide accurate information about you, the group or organisation you represent; (ii) share these Terms with members of that group or organisation, as and if applicable, (iii) or for any losses we suffer due to your failure to perform your obligations under these Terms.
3.2 How we accept your booking. When we accept your booking and receive your payment, we will notify you in writing to confirm that we will provide you with the Services (“Confirmation Email”).
3.3 Service details. In the Confirmation Email, we will confirm to you in writing the Services you have booked, the price and the dates by which those Services will be performed (if applicable).
3.4 If we cannot accept your booking request. If we are unable to accept your booking request, we will inform you in writing and will not charge you for the Services requested.
4. Price and payment
4.1 Price for the Services. We will notify you of the price of the Services at the time of booking, or else in writing (usually by email) for organisation or group bookings. The prices are those in effect at the time of ordering. We reserve the right to change prices without notice.
4.2 How you must pay. Services must be paid in full by the date of your booking or, if agreed, by an initial 50% deposit as agreed upon for group bookings. For such initial deposits, you must pay the balance within 7 days of agreeing on scope of the Services in a separate ‘Statement of Work’.
4.3 Payment methods. We only accept payment via credit card or bank transfer. Payments processed via Stripe, PayPal, or similar payment service providers may incur processing fees. You will be informed if such processing fees are applicable to you. It is your responsibility to pay such fees, if applicable. Please note these processing fees are non-refundable.
4.4 Currency. The price of the Services is in Swiss Francs (CHF). If you would like to use currencies other than CHF, this can be arranged via email request to jacqui@elevateperformance.ch.
4.5 Discounts. We may provide discounts at our sole discretion. Any discount will be confirmed in writing to you.
5. Provision of the Services
5.1 Separate Statement of Work. For certain Services, we may require you to sign a separate contract or statement of work, as applicable, which will apply to you in addition to these Terms. We will inform you about this in writing if that applies to you.
5.2 Waiver of Release and Liability. For some of our Services, we will require you to complete and sign a Waiver and Release of Liability. We will inform and provide this to you if that is the case.
5.3 Course certificates. To receive any course certificate, you must complete the full training, including any attendance requirements and coursework. It is your responsibility to check that qualifications provided by us are relevant or accepted in the country where you wish to apply them, should this be applicable to any Service you choose to book.
5.4 Health insurance reimbursements. If you have health insurance, you may be eligible for health insurance reimbursement for some Services. Each health insurance company has different policies, reimbursement requirements, and payment amounts. It is your responsibility to check with your health insurance provider to learn more about your health coverage and options prior to undertaking any Services with us.
6. Changes, cancellation, no shows, and refunds
6.1 If you wish to make changes to the Services. If you want to make changes to the Services (e.g., change the date of your booked Service), please use our online scheduling system to do so. We will confirm if the change is possible. If at all possible, we will inform you of any changes to the price and timing of the Services, and ask you to confirm whether you wish to proceed with your request. If we cannot make the change, you may wish to cancel the Services (see clause 6.3).
6.2 Our right to make changes. We can make changes to the Services. These include, but are not limited to, changes to reflect changes in legal or regulatory rules and requirements; and to implement required minor adjustments and improvements, for example, to address a security threat, pending wet weather, rain, or strong wind etc, where and as relevant. If we do so we will notify you as soon as reasonably possible.
6.3 If you wish to cancel Services. If you wish to cancel the Services (except for e-learning modules for which sales are considered final on booking) you must do so by using our online scheduling system. If you wish to cancel a Service booked within 10 days of the start date, we regrettably cannot offer you a refund. However, if feasible, we can transfer the course payment to a future course date. If you request your cancellation with more than 10 days, we reserve the right to charge a 20% booking and administration fee.
6.4 Cancellation by us. We may cancel your booking for the Services, with immediate effect:
a) if you fail to pay us the full amount of the Services or fail to provide accurate information;
b) if an event beyond our reasonable control means we cannot provide our Services. Examples of such events include (but are not restricted to) us not being able to carry out the Services as planned due to war, the threat of war, pandemic, fire or flooding, any labour or trade dispute, strikes, industrial action, transportation issues, lockouts, or severe weather conditions. We will always do our best to reschedule any impacted Service to the satisfaction of any impacted individuals or organisations. However, if that is not possible and in case of a cancellation, we will refund any sums you have paid for Services we will not provide. We reserve the right to retain a 20% administration fee in such cases.
a) if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide our Services to you, where we consider that you may pose a risk to the health and/or safety of other members or staff, if you breach these Terms. In any of these circumstances, we reserve the right not to issue a refund.
7. Health and safety terms
7.1 You confirm that to the best of your knowledge, you are medically and physically able to safely participate in the Services; and you will update us of any changes to your health and about any medical issues that arise, including if you feel unwell and irrespective of whether you feel the issue to be minor, trivial, or irrelevant.
7.2 We recommend that you seek and obtain the advice of a competent, qualified medical professional before you begin using the Services to identify any health or medical issues you have. You agree that we shall not be liable for any injury or harm you suffer as a result of your use of the Services.
7.3 Any advice that you receive from us is not a substitute for advice from a medical professional.
8. Third-party services
We are not responsible for third-party products, services, or content made accessible via any third-party service providers available on our website. Such third-party services are subject to different terms of service and privacy policies, and you should review them before using (see clause 10.1). By accessing them, you agree to be bound by the relevant terms and conditions. We disclaim liability for any information, materials, products, or services posted or offered at any such third-party service providers. You are responsible for viewing and abiding by the privacy statements and terms and conditions posted by these third-party service providers, and we are not responsible or liable for the use of such third-party services.
9. Our responsibility for loss or damage suffered by you
9.1 Exclusion of liability. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractor and for fraud or fraudulent misrepresentation.
9.2 No liability for consequential or indirect damages. To the extent permitted by applicable law, in no event will we, our partners, agents, employees, or representatives be liable for any indirect, exemplary, punitive, special, incidental, or consequential damages (including but not limited to damages for loss of profits, loss of goodwill, business interruption, personal injury, loss of privacy, or attorneys’ fees), arising out of or related to the Services or these Terms, regardless of the cause of action, even if we have been informed of the possibility of such allegations. We cannot accept liability for any medical conditions which you may develop during, or subsequent, to any Service provision.
9.3 Force majeure. We are not liable for damages caused by force majeure. By force majeure, we mean a circumstance which prevents us from fulfilling our obligations under these Terms and which is unforeseeable, beyond our reasonable control, and causes the non-fulfilment of such obligations.
9.4 Our maximum liability. In any event our total aggregate liability with respect to any damage, claim or cost arising out of or related to the Services or these Terms, Privacy Policy or any applicable law, is limited to a sum equal to 100% of the total amount paid by you for the Services giving rise to the liability in the 6 months preceding the date on which the liability first arose. This limitation prevails any other provision in these Terms and applies whether it is related to the use of the Services or not.
10. Data Protection
10.1 We have a separate Privacy Policy that explains how we collect, use, and protect your personal data. The Privacy Policy is incorporated into and made a part of these Terms by this reference. Please have a look at this document as well.
11. Intellectual Property
11.1 Our intellectual property. All intellectual property rights in relation to the Services, including but not limited to, all materials and information provided to you by us, are owned by us, our licensors or both (as applicable). Intellectual property rights means rights such as copyright, trademarks, domain names, design rights, database rights, patents, and all other intellectual property rights of any kind whether or not they are registered or unregistered. We and our licensors reserve all of our and their rights in any intellectual property in connection with the Services.
11.2 Use of our intellectual property. Nothing in these Terms grants you any rights other than as necessary to enable you to use the Services for personal use. Therefore, you do not have the right to share any materials or information provided by us to you in the course of the Services with any third parties without our prior written permission.
12. Governing Law, disputes, and jurisdiction
If you have any dispute with us, you agree that before taking any formal action, you will contact us at jacqui@elevateperformance.ch and provide a description of your complaint. We will try to solve any dispute amicably as soon as possible, by way of good faith negotiations. If we cannot reach an agreement, any dispute, controversy, or claim arising out of or relating to these Terms shall be governed by Swiss law, and you must bring legal proceedings in respect of the Terms in the Swiss courts.
13. Other important terms
13.1 How we may change these Terms. We may update these Terms by posting a revised version on our website. By continuing to use our Services, you accept any revised version of these Terms. We will notify you in case of any material change.
13.2 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation or individual. We will inform you if we plan to do so.
13.3 Your transfer of rights. With our written consent, you may only transfer your rights or your obligations under these Terms to another person.
13.4 Photos and film footage. We reserve the right to use any photographs and film footage taken during the performance of the Services for our own material (website, newsletter, brochures, advertising etc). It is your responsibility to advise in writing if there is a desire not to want photos taken and used in this way.
13.5 Feedback. Feedback given to us may be used as promotional material on our website and in other promotions. You are responsible for advising in writing if you do not want your feedback to be used publicly.
13.6 Severability. If any provision of these Terms or its application is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms will remain in force and effect enforced to the fullest extent consistent with applicable law.
13.7 Survival. The provisions of these Terms which by their nature reasonably should survive the termination or expiration of these Terms, shall survive any termination or expiration of these Terms.
13.8 Term. These Terms remain in effect until either you or we terminate the agreement in accordance with these Terms.