Terms & Conditions

Terms and Conditions Heike Schimanski – Mindset Coach & NLP Practitioner, Branding Specialist, Marketer, Graphic Designer

Updated May 2024

Coaching agreement & T&C's

When purchasing an “Unleash” package from Heike Schimanski – Branding Coaching, you must confirm that you have read and agreed to each of the statements below and that you wish to proceed. You can do so by clearly communicating this in an email or other written form of communication, or I will send you a PDF for signing.

All coaching services and communication, email or otherwise, delivered by Heike Schimanski – Branding Coaching, as well as information on this website, https://www.heikeschimanski.com, are meant to support you in identifying the aspects of your life and in your thinking that may be preventing you from self-development, progress, and reaching your goals. Coaching is not a substitute for professional mental health care or medical care. Coaching is a process which should begin after major emotional and psychological wounds are already healing or healed.

The term ‘coaching’ can refer in this relationship to business coaching, personal coaching, executive coaching, and life coaching for clients.

Your agreement:

I understand that coaching is a relationship with my coach which is designed to facilitate the achievement of defined professional goals. I am committed to being open and honest with my coach, and to making improvements in my life through positive action to meet these goals.
I understand that coaching is a comprehensive process, which may involve all areas of my life including work, family, health, relationships, education, and recreation. I acknowledge that deciding how to handle any issues is my responsibility.
I understand that all comments and ideas offered by my coach are solely for the purpose of aiding me in achieving the defined goals I create with my coach. I have the ability to give my informed consent, and hereby give such consent to my coach to assist me in achieving such goals and understand that results are not guaranteed.
I understand and agree that I am fully responsible for my well-being and the decisions and choices reached during the coaching sessions and the actions I take as a result.
I understand that coaching is not offered as a substitute for professional mental health care, medical care or substance abuse treatment and are not intended to diagnose, treat, or cure any mental health or medical conditions. I will not use coaching in place of any form of therapy. I also understand that my coach is not acting as a mental health counsellor or a medical professional.
I agree to inform my coach if I am currently in any kind of therapy and that any medical or therapeutic practitioners involved in my care have been advised of my intention to work with a coach.
I understand that coaching is currently an unregulated industry and that my coach is not licensed by any UK body.
I understand that my coach will protect my information as confidential unless I state otherwise in writing. If I report child, elder abuse or neglect or threaten to harm myself or someone else, I understand that necessary actions will be taken, and my confidentiality agreement limited in this capacity. Furthermore, if my coach is ordered by a court to provide information or to testify, they will do so to the extent the law requires.
I understand that the use of technology is not always secure, and I accept the risks of confidentiality in the use of email, text, phone, online meetings and other technology.
I agree to commit to the programme of coaching sessions to facilitate the desired growth and achieve my stated goals.

COACHING TERMS & CONDITIONS

The coaching & branding schedule will be arranged according to the booked package. The cancellation policy can be found on the website https://www.heikeschimanski.com any time, or here: “Please note that once you have booked a service other than A Coffee and a Chat with me it means that you commit to the attendance, and I have reserved time in my schedule exclusively for you. I will do some research and invest time into the preparation prior to our meeting, therefore, a refund is not possible*. However, we can reschedule under certain circumstances. No-shows are exempt from this. If a session needs to be rearranged, minimum 36 hours of notice has to be given. No refunds will be given to clients for unused coaching sessions unless 36 hours’ notice has been given. Coaching sessions not taken advantage of within 6 months since the booking date, are forfeited along with the fee. *Terms: Unleash the Baby Kraken: Non-refundable. All other packages: 50% cancellation fee. For more information, please refer to my T&C's.”

SERVICE

In return for the fees payable by the client, specified and to be paid upfront if not otherwise stated in the respective package booking page, Heike Schimanski – Branding Coaching agrees to provide the service as described on the website and in accordance with the terms and conditions set out above.

ACCEPTANCE

The date that the first coaching session takes place shall be deemed to be the start date for the service. Where any client is unhappy with any of the terms and conditions, they can contact Heike Schimanski – Branding Coaching, visionbuilderrocks@gmail.com, to discuss any concerns and see if they can be resolved before the first coaching session. Participation by the client in the first coaching session constitutes acceptance of these terms and conditions.

BETWEEN SESSIONS

Heike Schimanski – Branding Coaching may assign the client tasks or exercises to complete between coaching sessions. There is no obligation on the client to complete these items of homework, but not doing so may slow the client’s progress in achieving desired business outcomes. Heike Schimanski – Branding Coaching is available – and wanted - between sessions as stated in the package description via messenger services, including voice notes.

CONFIDENTIALITY

Personal information or business information supplied by clients to the supplier will always be treated as confidential. It will not be disclosed to a third party without the client’s prior permission, save where required by law or where action might be necessary to prevent harm to the client or someone else.

EARLY TERMINATION

In exceptional circumstances, such as illness or unavailability due to bereavement or other commitments, inappropriate behaviour by the client, actual or potential conflict of interest, or other reasons, Heike Schimanski – Branding Coaching can decide to terminate the service to the client early or refuse or be unable to provide further coaching sessions to the client. In such a circumstance the client will be given reasonable notice of termination by Heike Schimanski – Branding Coaching where practicable and will be refunded payments made after the deposit and that have not been used up. An additional fee might apply if a session was planned in less than the next 36 hours.

RESPONSIBILITIES

Heike Schimanski – Branding Coaching will seek to enable the client to improve their relationship with their business and life, so they can achieve business success and their desired outcomes. Amazing results can be achieved where clients follow coaching guidance and branding expertise in a committed way. However, the client has sole responsibility for taking important decisions in their business or life. Heike Schimanski – Branding Coaching has no liability for any loss incurred by any client, whether financial or otherwise, following commencement of coaching sessions, or for any perceived failure by the client, whether justified or otherwise, to achieve a material improvement in quality of life or business or to achieve their desired outcomes or goals.

VARIATION OF TERMS AND CONDITIONS

Any changes made to the terms and conditions and agreement after the coaching relationship started, will be announced by email and can be discussed. There will not be any changes to package prices and outstanding fees for the term of the booked service.

GOVERNING LAW

This contract is governed by the law of Scotland whose courts have exclusive jurisdiction in relation to any dispute, disagreement, proceedings, or legal claim of any nature relating to the service provided or the contract.

FEEDBACK

To ensure and maintain an exceptional level of service, clients may be asked to complete a feedback form at the end of the booked package.

Branding mentoring, branding services, branding expertise:

ACCEPTANCE OF AGREEMENT. The Client agrees to the terms and conditions outlined in this Agreement. This Agreement constitutes the entire and only agreement between the Supplier and the Client, and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Supplier and Client relationship, the content, products or services provided by us and the subject matter of this Agreement.
1. Signature. A virtual signature and/or email consent may preferably be used and recognised.
FEES. As consideration for the Services to be provided by the Supplier, the Client shall pay to the Supplier the amounts specified earlier on the website, in an email or other form of offer, e.g. per WhatsApp, Facebook or LinkedIn or such communication tools.
1. Invoicing.
  1. The Supplier will bill the Client upfront according to the terms in the quote, invoice, or on the website, or when not otherwise stated, either the full amount or 50% upfront and 50% before the final assets are delivered. The deposit is non-refundable.
  2. Is the invoice below £500, the amount shall be paid in full, if not otherwise stated.
  3. In case of Branding and Rebranding: The Supplier will bill the Client upfront when a project rate has been agreed on, either the full amount or 50% upfront, 50% after the delivery of the first draft of Logo’s and three revisions. The deposit is non-refundable. Alternatively, a payment plan can be set up: 50% upfront and 50% after 4 weeks. The deposit is non-refundable.
  4. Deposits are non-refundable.
2. Payment terms.
  1. The due date of an invoice is printed on the invoice in the upper right corner. This is to be observed to avoid late payments.
  2. Invoices which are due immediately and that are not paid within 5 days after invoice date will enter the debt recovery process.
3. Late payments. Payments not received by the due date will result in work cessation. The Supplier reserves the right to refuse completion or delivery of work until past due balances are paid. All materials or property belonging to the Client, as well as work performed, may be retained as security until all just claims against the Client are satisfied. The Client is not allowed to use any digital asset that has been delivered before the full payment has been made. The copyright for works will only be handed over to the Client after successful payment of the agreed rates and invoices.
4. Interest on late payments. In the event the Client fails to remit payment of any amount due under this Agreement on or before the due date, in addition to any other rights the Supplier may have hereunder, the payment will accrue interest from that date due at the annual rate of 8% above the base lending rate from time to time of the official dealing rate of the Bank of England, accruing on a daily basis and being compounded quarterly until payment is made, including compensation fee, whether before or after any judgement and the Client shall pay the interest and compensation fee immediately on demand. Further information can be found here: https://www.smallbusinesscommissioner.gov.uk/deal-with-an-unpaid-invoice/how-to-chase-an-unpaid-invoice/interest-calculator/
5. In the event of collection enforcement, the Client shall be liable for any costs associated with such collection, including, but not limited to, legal costs, attorney’s fees, courts costs, and collection agency fees.
TERM OF AGREEMENT. The Supplier shall provide, with reasonable care and skill, and otherwise in the manner customarily performed by service providers in the Service industry, the agreed services to the Client starting from the date of signature/consent by email, WhatsApp or other communication tools which can be tracked.
1. Early Termination. Either Party may terminate this Agreement:
  1. Immediately in the event that either Party breaches this Agreement.
  2. Payment Upon Early Termination. In the event of such termination, the Supplier shall be paid for any portion of the Services that have been performed prior to the termination in accordance with this outline.
CHANGES TO THE SERVICES. Any material changes to the Services, including the schedule, deliverables, and related fees, must be approved by the prior written consent of the Party not requesting the change.
DIGITAL ASSETS
1. Revisions
  1. All Digital Assets, along with PDF’s, eBooks, workbooks, books, and documents of such manner, have 3 revision rounds, if not stated otherwise on a quote. The first revision count starts after a decision has been made which asset is to be used going forward.
  2. Any further revision will be invoiced, to be paid upfront, at a rate of £75, unless stated differently on the quote.

Time Limitation It is required by the Supplier, to keep processes moving, that latest after the duration of 7 days an answer from the Client re the revisions is required. If no answer is provided, the rest of the invoice is triggered automatically and is to be paid immediately. Please refer to the payment terms.
Logos The Supplier will deliver up to three different Logo suggestions at the beginning from which one can be chosen and refined. Once a Logo has clearly been chosen as “The One”, it will become the basis of further work/of the branding and all other assets that build on that.
1. Once a Logo has been chosen, it will be used moving forward. If another Logo is required or alterations are demanded that would eventually create a new Logo, this will be invoiced at £750 for one Logo, to be paid upfront. The amount is non-negotiable and will not be deducted from the overall project price formerly agreed on. The new Logo has a revision count of three.
2. The Logos will be delivered mainly in .png format for easy use throughout Social Media projects. PNG means that there is no background and transparency is maintained. Other standard formats available at no extra cost. The Logo count will be depending on the colours chosen. Depending on the Logo and its design, Icons or similar assets in a reasonable amount will be delivered as well.
Asset delivery: The delivery of all the Clients assets will be via a shared, password secured link to the Suppliers OneDrive, or a via platforms like WeTransfer. During the work process the link is available to make sharing of drafts easier. After finishing off the projects, the shared folder will consist of all high-resolution assets ready for the download. The link will be deactivated latest 2 weeks after the project has been finished.
Reasonable Digital Asset Count The Supplier delivers, in case of a branding, a reasonable amount of digital assets, of which the number will have been clarified in the quote that has been sent initially. Any further assets will be invoiced separately, according to a newly issued quote.

SUBCONTRACTING. In the performance of its obligations hereunder, the Supplier shall have the right, in its sole discretion, to assign, transfer, charge, delegate or subcontract its rights and responsibilities to any third party, provided that the Supplier shall remain responsible for the performance of any such third party. The Client shall not, without the Supplier’s prior written consent, assign or transfer in any other manner with all or any of the Client’s rights or obligations under the Agreement.
LOCATION OF SERVICE PERFORMANCE. Services shall be performed and provided virtually via email, phone or other virtual means from the Suppliers location in Strathaven, Scotland, United Kingdom.
OFFICE HOURS AND COMMUNICATION. Office hours are Monday to Thursday from 9:00 am to 4:00 pm and Friday from 9:00 am to 12:00 pm. Email is to be the primary form of communication between the Client and Service Provider. The Supplier is available for phone calls during office hours. If the Client requests additional Services outside of the above specified hours, the Supplier reserves the right to charge £85 per hour, at weekends £150 per hour, to be paid upfront.
MATERIALS AND INFORMATION. The Client will provide, where possible and not otherwise agreed, all content, outlines, photos, product images, etc., necessary for any special projects. Source material must be clear and legible. The Client is responsible for furnishing all pertinent information, and for furnishing accurate, truthful, and complete information necessary for the Supplier to perform or complete the Services. The Client ensures that the necessary permissions to use provided materials have been obtained and will provide proof upon request. Does the client not have access to any photos or graphics, the Supplier will provide these. The copyright stays with the Supplier in these cases.
DATA PRIVACY AND GDPR COMPLIANCE. Both Parties hereby ensure that they are in full compliance with their respective obligations under the Data Protection Act 2018, the UK General Data Protection Regulation (UK GDPR) and the General Data Protection Regulation, (GDPR) (EU) 2016/679. Each Party will, if applicable, notify the other Party in a timely manner in the event of a data breach that involves the other Party’s data.
OWNERSHIP. All processes, methods, inventions, improvements, ideas, and other forms of intellectual property that the Supplier thinks of, reduces to practice or develops, alone or in conjunction with others, in connection with performance of the Services, including designs, data, software code, ideas, inventions, know-how, materials, marks, methods, procedures, tools, interfaces, and other forms of technology as well as any intellectual property rights of any kind therein (collectively, the “Work Process”), will be the sole and exclusive property of the Supplier.
All deliverables and works of authorship that the Supplier develops during the term of the Agreement, alone or in conjunction with others, in connection with performance of the Services, including designs, data, software code, ideas, inventions, know-how, materials, marks, methods, procedures, tools, interfaces, and other forms of technology as well as any intellectual property rights of any kind therein (collectively, the “Work Product”), will be the sole and exclusive property of the Client. The Supplier hereby irrevocably assigns to the Client all right, title and interest worldwide in and to the final Work Product and all intellectual property rights therein.
1. The Supplier is entitled to showcase creations, processes and finished products/assets on their website, portfolio or use the finished products/assets for any form of advertisement in their marketing. The supplier is entitled to track statistics in regards of performance of the products and use these for their marketing purposes.
CONFIDENTIALITY. The Supplier may obtain access to information related to Client’s business (including intimate/personal secrets, trade secrets, technical information, business forecasts and strategies, marketing plans, customer and supplier lists, personnel information, financial data, and proprietary information of third parties provided to the Client in confidence) that the Client considers to be confidential or proprietary or the Client has a duty to treat as confidential. The Supplier will, unless having the written consent of the Client, (a) hold all Confidential Information in strict trust and confidence; (b) not use or permit others to use Confidential Information in any manner or for any purpose not expressly permitted or required by this Agreement; and (c) not disclose or permit others to disclose any Confidential Information to any third party without obtaining the Client’s express prior written consent on a case-by-case basis.
1. Exceptions. The Supplier's obligations with respect to any portion of the Client Information as set forth above shall not apply when Supplier can document that (i) it was in the public domain at the time it was communicated to the Supplier by the Client; (ii) it entered the public domain subsequent to the time it was communicated to the Supplier by the Client through no fault of the Supplier; (iii) it was in the Supplier's possession free of any obligation of confidence at the time it was communicated to the Supplier by the Client; or (iv) it was rightfully communicated to the Supplier free of any obligation of confidence subsequent to the time it was communicated to the Supplier by the Client.
2. Passwords. Should the Client decide to grant the Supplier access to the Client’s business, social media and/or personal accounts, the Client does so entirely at their own risk, and the Client is fully responsible for ensuring the security of the Client’s data. The Client will be solely responsible for any loss, liability or violations that might occur as a result of such access as long as any such loss can be directly tied to the work carried out under this agreement.

INDEMNIFICATION. Both parties agree to defend, protect, indemnify, and hold one another harmless from any and all lawsuits, claims, damages, demands, liabilities or losses, including reasonable attorney fees and costs, brought, made or claimed as a result of any acts, including omissions, which are not outlined in this agreement.
WARRANTIES AND REPRESENTATIONS. Each Party hereby warrants and represents that such Party is free to enter into this Agreement, and that this Agreement does not violate the terms of any agreement between such Party and any third party.
LIMITATION OF LIABILITY. In no event will the Supplier be liable for any consequential, indirect, exemplary, special, or incidental damages arising from or relating to this Agreement. The Supplier’s total cumulative liability in connection with this Agreement, whether in contract or tort or otherwise, will not exceed the aggregate amount of Fees owed by the Client to the Supplier for Services performed under this Agreement during the 12 months preceding any settlement or adjudication of any claim.
Insurance. Both parties affirm, that the appropriate insurance coverage with regards to the Services agreed upon has been obtained.
WORK PRODUCT CONFORMITY. The Supplier further warrants that the Work Product will fully conform to the specifications, requirements and other terms set forth in this Agreement or agreed upon via another form of communication. If the Client determines in its sole discretion that the Work Product does not conform to the Specifications, the Client shall inform the Supplier, within 3 working days of the Work Product delivery, of such nonconformity and the Supplier will repair or replace the Work Product without extra charge. If the Client does not voice any concerns within 3 working days, the Supplier is not obligated to do any remedial work free of charge. If the Client’s request goes beyond the Specifications, the request will not be considered a remedial request and the Supplier will inform and bill the Client with regards to the requested changes.
AMENDMENTS AND WAIVERS. Any term of this Agreement may be amended or waived only with the written consent of both Parties.
FORCE MAJEURE. The Supplier shall not be considered in breach of this Agreement to the extent that performance of the obligations outlined herein is prevented by an event of Force Majeure, including but not limited to:
1. natural disasters (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods);
2. war, hostilities (whether war be declared or not), invasion, act of foreign enemies, mobilisation, requisition, or embargo;
3. rebellion, revolution, insurrection, or military or usurped power, or civil war;
4. contamination by radioactivity from any nuclear fuel, or from any nuclear waste from the combustion of nuclear fuel, radioactive toxic explosive, or other hazardous properties of any explosive nuclear assembly or nuclear component of such assembly;
5. riot, commotion, strikes, go slows, lock outs or disorder.
6. Outbreak of diseases and therefore resulting sudden lockdowns or other governmental regulations and rules, which might impact the work negatively
DISPUTE RESOLUTION. The validity, interpretation, construction, and performance of this Agreement shall be governed by the laws of Scotland, without giving effect to the principles of conflict of laws. The Parties may agree to alternative methods of dispute resolution, including negotiation, mediation, and arbitration. Unless any alternative dispute resolution procedure is agreed between the parties, the parties agree to submit to the exclusive jurisdiction of the Courts of Scotland in respect of any dispute which arises out of or under this Agreement.
SEVERABILITY. If one or more provisions of this Agreement are held to be unenforceable under applicable law, the parties agree to renegotiate such provision in good faith. In the event that the parties cannot reach a mutually agreeable and enforceable replacement for such provision, then (i) such provision shall be excluded from this Agreement, (ii) the balance of the Agreement shall be interpreted as if such provision were so excluded and (iii) the balance of the Agreement shall be enforceable in accordance with its terms.
COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together will constitute one and the same instrument.