1.1 Mind Fountain NLP agrees to provide and the Customer to take and pay for the training courses and/or facilities
supplied under this Agreement.
The terms and conditions of this Agreement apply to:
1.1.1 individual standard of bespoke courses at Mind Fountain NLP and the Customer’s premises.
1.1.2 courses provided under an annual contract with Mind Fountain NLP.
1.2 All Charges quoted by Mind Fountain NLP are valid for a period of ninety (90) days unless otherwise specified.
2. COURSE BOOKINGS
2.1 No provisional course places may be held on courses. To secure a place on a course and release pre course study
materials, the Customer agrees that cleared funds must have been received by Mind Fountain NLP. Mind Fountain
reserves the right to refuse attendance to the course in the event that payment has not cleared or has bounced.
The Customer may not substitute personnel attending the course prior to commencement of the course unless
specific permission has been granted by Mind Fountain NLP.
2.2 The description and date and charges for the course are as set out on the website and in information provided to
the Customer on enquiry. Mind Fountain NLP reserves the right to improve the specification and format of its
courses for the benefit of its Customers without notice to the Customer.
2.3 The course will be given at the confirmed venue with the Customer. Mind Fountain NLP reserves the right to
nominate a reasonable alternative venue and will advise the Customer of this.
2.4 Mind Fountain NLP reserves the right to cancel or reschedule any course if the number of attendees is insufficient
to justify running the course, or if Mind Fountain NLP is prevented from doing so by events beyond its reasonable
control, including in particular, but not limited to, illness of lecturing staff.
2.5 In the event Mind Fountain NLP is obliged to cancel or reschedule any course under the provisions of clause 2.4
Mind Fountain NLP will notify the Customer forthwith. Mind Fountain NLP will in addition, refund in full all monies
paid by the Customer, or at the Customer’s option apply the monies to a re‐scheduled, or alternative course.
Mind Fountain NLP accepts no liability for travel, accommodation or incidental costs incurred by the Customer in
the event that any course is cancelled or rescheduled.
3. PERIODIC CONTRACT
3.1 The Customer may, in consultation with Mind Fountain NLP and subject to availability and to the provisions of
clause 2.4, register any number of its employees on any training courses given during the said specified period.
The Customer will, if requested, provide Mind Fountain NLP at the time of registration, with its official purchasing
number which Mind Fountain NLP will quote on the invoice.
3.2 In consideration of the Customer agreeing to take and pay for the agreed number of course places, Mind Fountain
NLP shall extend a discount to the Customer on its normal charges for courses in accordance with its then
standard commercial policy, based on the number of course places selected by the Customer.
3.3 At the end of each annual period, Mind Fountain NLP will perform a reconciliation of the Customer’s account, and
the discount level will be adjusted to reflect the actual number of course places taken by the Customer. Mind
Fountain NLP will invoice the Customer for any excess discount taken by the Customer over that permitted for the
number of course places actually taken by the Customer. If the Customer is entitled to receive further discount,
Mind Fountain NLP will apply a credit to the Customer’s account.
3.4 Contracts for consequential years will be negotiated by Mind Fountain NLP and the Customer on or prior to the
expiry of each periodic contract.
3.5 The Customer agrees to comply with the provisions of clause 2 for all courses to be taken under each periodic
contract, and charges will be levied in accordance with clause 6.
3.6 No places will be secured nor will pre‐course study materials be despatched until the client has paid the relevant
invoice for the training.
4.0 COURSES AT CUSTOMER PREMISES
4.1 By prior arrangement with Mind Fountain NLP, and subject to the provisions of this clause, Mind Fountain NLP
that it will provide specified training course(s) to the Customer at the Customer’s premises for the charges
agreed. Mind Fountain NLP reserves the right to increase the charges in the event that the normal course day is
extended owing to reasons beyond Mind Fountain NLP’s control, or by specific requests from the Customer
incurring substantial and unexpected expense to Mind Fountain NLP.
4.2 The Customer shall be responsible for the provision of a suitable and secure training room at the Customer’s
premises for the duration of the course, (the specifications of which will be agreed with Mind Fountain NLP prior to
the course being given) together with all heating, lighting and a suitable electricity supply and power outlets, at
no cost to Mind Fountain NLP. The Customer undertakes not to change the room. Mind Fountain NLP will provide an
instructor, course materials, audio visual and appropriate computer equipment. If requested by Mind Fountain NLP,
the customer agrees to make the training room available to Mind Fountain NLP in advance of the course being
given for the installation of computer and other equipment.
4.3. The Customer will indemnify Mind Fountain NLP against any loss of or damage to the equipment and/or injury or
death to its employees or agents arising out of its use of the equipment under the provision of this clause save
where the same is caused by the negligence of Mind Fountain NLP.
5. BESPOKE COURSES
5.1 The Customer may request Mind Fountain NLP to develop a new course or modify an existing course specifically
to the Customer requirements.
5.2 If such request is accepted by Mind Fountain NLP:
5.2.1 the Customer will analyse and determine its requirements for the course.
5.2.2 the Customer and Mind Fountain NLP will jointly prepare and agree the specification for the course, including
but not limited to the content of the course, and course notes, the depth to which the content is to be covered, the
time to be allocated to each subject, the number of days over which the course is to be given, and the type and
level of the Customer personnel who will undertake the course. The Customer will confirm the foregoing matters
in writing to Mind Fountain NLP prior to any development work being carried out.
5.3 If the Customer wishes to modify a standard course, Mind Fountain NLP will provide details of the subjects
covered within the said course.
5.4 In consideration of carrying out the development or modification work on the course, the Customer agrees to
pay Mind Fountain NLP’s then current per diem charges. Any estimate of the amount of time necessary to develop
the course shall be given by Mind Fountain NLP in good faith but shall not be binding on Mind Fountain NLP. All
charges for bespoke work are due and payable to Mind Fountain NLP upon completion of the development work,
whether or not the course is given by Mind Fountain NLP, and the Customer agrees to pay Mind Fountain NLP’s
invoice pursuant to clause 6.4.
5.5 The Customer may request Mind Fountain NLP to vary the extent or content of the course either during or after
development. All such requests will be in writing. Mind Fountain NLP shall not unreasonably refuse to carry out
such variation. The Customer agrees to Mind Fountain NLP standard daily course development charges for any
variations carried out by Mind Fountain NLP on the same basis as clause 5.4. No work shall commence until such
variation and any consequential amendments have been recorded in writing.
5.6 If the course is consequentially given by Mind Fountain NLP, the provisions of clause 6.4 of this Agreement will
apply. Clause 4 will apply to bespoke courses given on the Customer’s premises.
6.1 Mind Fountain NLP reserves the right to specify that payment for courses shall be made to Mind Fountain NLP in
full prior to commencement of the course. The Customer is advised that the Customer’s employees will not be
permitted to attend the course unless payment has been received by Mind Fountain NLP. Payment may be made by
Purchase Order, Cheque, Bank Transfer or Credit Card.
6.2 For periodic contracts, Mind Fountain NLP will invoice the Customer in advance for the number of Course Places
requested by the Customer.
6.3 For bespoke courses supplied pursuant to clause 5, Mind Fountain NLP will invoice the Customer firstly when the
bespoke development work has been completed and secondly when the course has been given by Mind Fountain NLP
in the event of any further expense incurred.
6.4 If not prepaid, all charges including any cancellation charges and charges due under clause 3.3 will be paid within
thirty (30) days of date of invoice.
6.5 If the Customer fails to make any payment when due, Mind Fountain NLP reserves the right to levy a late payment
charge calculated at the rate of 4.5% per month compound applicable after as well as before any judgement on
the unpaid amount or part thereof.
6.6 All pre‐payments or vouchers for courses must be used within 1 calendar year of receipt by Mind Fountain NLP or
customer. They cannot be used to purchase courses after this period.
7.0 CANCELLATION /TRANSFERS
7.1 If the Customer cancels:
7.1.1 the attendance of any employee on any course.
7.1.2 any course due to take place at the Customer’s premises under clause 4. less than (30) working days prior to the
commencement date of the course or the employees fails to attend the whole or part of the course for any
reason, or if cancellation is not confirmed in writing within the said (30) working day period, then Mind Fountain NLP
will not refund any fees and will invoice the Customer for any expenses incurred and the Customer agrees to
pay the same within thirty (30) days of receipt of Mind Fountain NLP’s invoice.
7.2 For periodic contracts, the Customer may cancel attendance of one or more of its employees at any course up to
thirty (30) working days prior to the day of commencement of the course. No charge will be made for such
cancellation, and the number of Course Places cancelled can be transferred free of charge to a later date.
7.3 If less than thirty (30) working days notice is given, the Customer will pay £350 + VAT for each Course Place
7.4 If a member of the public cancels a place on a Public NLP course the following will apply
1. Pre course materials that have been issued cannot be refunded under any circumstance.
2. Cancellation within 21 days of the start of the course – there will be no refund of any fees paid.
3. Cancellation within 21‐60 days of start of course – refund of fee paid, less pre course materials, less £350plus
VAT, less expenses incurred by Mind Fountain NLP (admin time; courier charges; credit card charges where
4. Cancellation 60 days plus from start of course – full refund of fees paid, less pre course materials, less
expenses incurred by Mind Fountain NLP (admin time; courier charges; credit card charges where applicable)
7.5 If a member of the public wishes to transfer to another course within 30 days of the start date of the course on
which they were originally booked then a transfer fee of £350 plus VAT must be paid. Only one transfer will be
allowed per client. If the original course has been booked at a special offer rate then the client must pay the
difference between the normal full rate and the special offer rate. I.e. you cannot transfer a special offer rate
course within 30 days of the course without paying the full rate.
8.0 WARRANTY AND LIMITATION OF LIABILITY
8.1 The courses are provided under this Agreement at the Customer’s request. The Customer accepts that he is
responsible for verifying that the courses are suitable for his requirements. Mind Fountain NLP will use all
reasonable skill and care in the preparation and presentation of its courses and courses supplied under clause 5.
All other conditions, warranties, guarantees and representations whether express or implied, statutory or
otherwise are excluded.
8.2 Other than as specified in this clause, Mind Fountain NLP’s liability for loss and damage (whether arising in
contract, tort or otherwise, shall be limited to a claim for damages. The maximum aggregate liability will be the
charges for the course or hire of facilities out of which the loss and damage has arisen.
8.3 Mind Fountain NLP will be responsible for death and injury resulting from Mind Fountain NLP’s negligence when
carrying out courses, or the hire of facilities.
8.4 Mind Fountain NLP will not be liable for indirect, special or consequential loss (including loss of anticipated profit
or data), howsoever arising, even if it has been advised of the possibility of such potential loss.
8.5 Except in respect of liability of Mind Fountain NLP for death or personal injury resulting from the negligence of
Mind Fountain NLP or its employees, or in respect of a claim for non‐payment of monies due under this Agreement,
no action regardless of form arising out of the provision of training courses or facilities under this Agreement may
be brought by either party more than two years after the cause of action has been accrued.
8.6 The customer warrants that all attendees on courses are properly authorised by the customer to attend and that
they are suitably qualified to attend. The customer acknowledges Mind Fountain NLP’s right to refuse admission or
require the removal of any attendee where there are doubts about identity, qualifications or if the attendees
behaviour is unacceptable. In addition to this it should be noted that Mind Fountain NLP reserves the right to refuse
admission or to eject any delegate where their behaviour is, in the opinion of the Mind Fountain NLP Trainer, to be
unacceptable and detrimental to the objectives of the course. If this occurs Mind Fountain NLP will not refund any
fees. One verbal warning will be given to the delegate in these circumstances.
The copyright and all other intellectual property rights in all course materials, and the specifications therefore,
and whether in standard courses, or courses developed under the provisions of clause 6 shall remain the sole and
exclusive property of Mind Fountain NLP. The Customer undertakes that it will not copy or permit the copying of
course materials, nor disclose or permit the disclosure or sell or hire the same to third parties, nor use the same
for running the Customer’s own courses unless the express and written permission of Mind Fountain NLP is gained .
10.0 TIME OF COURSES AND HIRE OF FACILITIES
10.1 All bespoke courses will be given by Mind Fountain NLP personnel between the hours of 0900 and 1730hrs
Monday to Friday, excluding Public Holidays. If the Customer requests in writing,
Mind Fountain NLP may be able to provide courses outside these hours and at weekends for additional charges
10.2 All public courses will be given by Mind Fountain NLP personnel between the hours of 0930 and 1730hrs on days
specified by Mind Fountain NLP.
11.1 Either party may immediately terminate this Agreement, if the other:
11.1.1 is in breach of a material obligation and has not commenced continuing and effective steps to remedy the
within 14 days of a notice calling upon it to do so.
11.1.2 has an order made or resolution passed for its winding up.
11.1.3 becomes insolvent or unable to pay its debts as they fall due.
11.1.4 has a receiver or similar officer appointed.
11.1.5 ceases to or threatens to cease to carry on business.
Any such termination shall be without prejudice to any accrued rights or outstanding obligations of either party
at date of termination.
11.2 These conditions constitute the entire agreement between the parties in relation to the contract referencing
them and supersedes any and all prior agreements, discussions, understandings, representations or promises.
Each party warrants to the other that it has not relied upon any representation not recorded here which has
induced it to enter into this contract. No amendment of the Conditions will be valid unless confirmed in writing
by authorised signatories of both parties on or after the date of this contract.
11.3 No delay or forbearance by either party in enforcing its respective rights will prejudice or restrict the rights of
that party, and no waiver of any such rights or of any breach of any contractual terms will be deemed to be a
waiver of any other right or any later breach.
11.4 Neither party will assign or transfer all or any part of this contract without the prior written consent of the other
party except that assignments to associated companies of Mind Fountain NLP are permitted.
11.5 In the event that any of the provisions of the Conditions is judged illegal or unenforceable, the continuation in
full force and effect of the remainder of them will not be prejudiced.
11.6 Neither party will be liable to the other for any delay in or failure to perform its obligations under this contract
(other than a payment of money) where such delay or failure results from force majeure, act of God, fire,
explosion, accident, industrial dispute or any other cause beyond its reasonable control.
11.7 Any notice given under this contract by either party to the other must be in writing and may be delivered
personally or by recorded delivery or registered post and in the case of post will be deemed to have been
received on the third working day after the date of posting. Notices must be delivered or sent to the address of
the parties on the Order or Order Acceptance or to any other address notified in writing by either party to the
other after the date of this contract.
11.8 This contract is governed by English Law and the parties submit to the non‐exclusive jurisdiction of the English
NLP Therapy & Personal Breakthrough Sessions
The following terms and conditions relate to any Therapy or Personal Breakthrough Sessions & Sport Performance
Enhancement booked with Mind Fountain NLP.No guarantees can be made as regards to the outcome of any therapy and coaching.
All prices are as quoted on the telephone with the client and will be subject to an additional figure of 2% when
payment is made with a Credit Card.
Payment is to be made in full. No refunds given. By making payment you are deemed to have read, understood,
agreed and accepted our Terms & Conditions.
All clients are expected to keep their appointment times or give notice of cancellation more than 24 hours before the
appointment is due. In the event of cancellation with less than 24 hours notice, 50% of the full fee will be charged.
No refunds are given under any circumstances.
Privacy and Confidentiality
All client information supplied during your therapy session is completely confidential unless you make a specific
request for someone else to be informed such as a parent, spouse or a doctor.
You will be required to give at least a phone number before coming for a session and at the session you will be
required to give your full name and address and that of your family doctor. Any information such as email address
collected from the website will be simply for my use in communicating with you and will not be supplied to a third
party. You can send me an email via the website but my email address is not listed on the website to avoid spam.