The following commercial arrangements relate to all work booked with “the Client” unless mutually agreed in writing prior to commitment.
The service provider is Fieri Leadership & Development (“Fieri”).
Fieri warrants, represents and undertakes that as service provider we shall (and shall procure that our personnel shall) provide the Services as outlined elsewhere in accordance with good industry practice and all applicable laws; in relation to Fieri’s personnel, we shall ensure that all personnel involved in the provision of the Services have suitable skills, training and experience to enable them to deliver the Services, and that such personnel are in sufficient number to enable Fieri to fulfil its obligations under this Agreement and ensure the safety of participants; Fieri shall ensure that it undertakes an appropriate risk assessment in respect of the programme and takes appropriate action to mitigate any identified risks; and it has in place appropriate health and safety policies and that its personnel shall operate in accordance with such policies whilst delivering the Services.
These Arrangements will remain in force from the date of booking until cancelled, in writing. This agreement expires upon the completion of the Services and the payment of all invoices by the Client.
The fees cover work for the Client whether carried out on their premises or elsewhere, as specified separately.
Payment is due within 30 days on receipt of invoice. An initial 20% deposit, if requested, will secure the booking.
Cancellations and Postponements
If, for any reason, the client has to cancel or postpone an agreed booking, this should be notified in writing, and the cancellation fees will apply as set out below. However, if the activity is re-booked for a date within 6 months then it would be treated as a postponement and a reduced scale of fees applied.
|Less than 6 weeks||100%||75%|
|Between 6 & 8 weeks||50%||25%|
|Between 8 & 10 weeks||25%||–|
The client has the right to terminate this agreement if for any reason Fieri were to bring the Client into disrepute or materially breach the agreement.
Fieri will use its best endeavours to carry out the contract as agreed but shall not be liable for the loss (whether direct or consequential) suffered by the Client, in the event of Fieri being unable to complete the work in whole or in part due to matters beyond its reasonable control, which shall include (but shall not be confined to) illness, strikes, lock-outs or other labour disputes, shortage of materials, accident or breakdown of motor vehicles or other forms of transport, errors made by hotel staff or similar in making booking arrangements, other delays in travel, riot, terrorism, civil unrest or war.
Any variations must be agreed and confirmed in writing in advance of the delivery date.
Fieri shall not disclose, publish or authorise others to publish any reports or information pertaining to our contract with the Client, without the prior written approval of the Client. All Fieri staff have signed non-disclosure agreements and these provisions are extended to them.
During the term of this agreement, and for a period of 12 months after its completion, the Client will not offer or permit the employment of, or hire as an independent consultant, any of the consultants concerned in the assignment. In the event that such employment does take place, compensation equivalent to the cost of one year’s salary for that consultant will be payable.
Copyright and Intellectual Property
Fieri shall retain ownership of Intellectual Property Rights and all copyright in any reports or manuals or other materials supplied, unless the materials produced is a bespoke product produced specifically for the Client. Where this is the case transfer of rights will be made in writing by Fieri to the Client. The Client shall not use training material belonging to Fieri or licenced to Fieri to conduct the Client’s own training without prior written permission.
Where a specific consultant is scheduled to run a course and is unable to fulfil this commitment, Fieri will make every effort to replace him/her with another experienced consultant subject to the agreement of the Client. Where consultants cannot be replaced there will be no charge for the days involved.Governing Law and JurisdictionThese conditions and our relationship are governed by and interpreted in accordance with English law. A claim may only be brought against us if it can be brought in English law without reference to the law of any other country.
We shall not, without the prior written consent of the client, advertise or publicly announce that we are providing, or have provided, products or services to the client, or otherwise use any trade name, trademark, service mark or other information which identifies the client in our marketing and publicity activities.
We maintain with a reputable insurance company appropriate insurance policies in relation to the risks involved under this agreement, including:
a. Employer’s Liability – £10 million
b. Public Liability – £10 million
c. Products Liability – £10 million
General Data Protection Regulations
Fieri are registered with the Information Commissioner’s Office (ZA199906) and handle, store and dispose of all data in line with GDPR legislation and our data handling policies. Personal and medical information is stored in an encrypted system with access control and kept for no longer than is necessary. No information is shared with third-parties of used for marketing purposes. The collection of medical, nutritional, emergency contact and personal contact details is required for the planning and execution of this programme. Information is retained for 12-months following the conclusion of the programme before being removed from our systems. Details of information stored is available to individuals by request.