Terms & Conditions

Terms and Conditions of Business

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU BOOK A COURSE WITH CfL. THIS IS A LEGALLY BINDING CONTRACT AND CONTAINS LEGAL OBLIGATIONS AND LIABILITIES WHICH WILL APPLY TO YOU. THESE APPLY TO ADULT AND CHILDREN & YOUNG PERSONS COURSES.

The following terms and conditions shall apply to you, should you decide to enrol yourself or your child to a course conducted by Osbourne Mckenna trading as Counsel for Leadership (CfL) and you book a course in the UK or Online through www.cfl-training.com ; www.counselforleadership or tickettailor.com

Please also see our Cancellation Policy below.

If you do not wish to agree to these terms and conditions please do not obtain the services of CfL or book a course conducted by CfL.

DEFINITIONS

The following expressions shall have the following meanings:

“Course (s)”, “Programme(s)”, “Bootcamp(s)” means a course run by CfL which shall consist of various sessions (online and offline/live) as may be detailed in the Course Prospectus.
“Session (s)” means a session run by CfL. These session may be online or offline/live as may be detailed in the Course Prospectus.
“Course Prospectus” means the information found at: www.cfl-training.com ; www.counselforleadership.com or www.tickettailor.com related to a particular Course.
“Conditions” means the terms and conditions as set out in this document and any subsequent variations that may be made by CfL from time to time.
“Customer” means any family, third party, individual, partnership, company or other organisation or entity who enrols a participant in a Course.
“Engagement” means engagement or use of CfL’s Services by the Customer.
“Participant” means any person who attends a Course.
“Pre-Course Information Form” means the online form filled in by the Customer once a Course booking has been made detailing the Customer or Customer’s child’s data and information.
“CfL Trainer” means any person providing course training on behalf of CfL.
“CfL” means Osbourne Mckenna Ltd trading as Counsel for Leadership, a company registered in England and Wales with company number 08389989
“CfL Fee” means the relevant fee payable to the CfL for the Services as set out in Clause 5.
“CfL Intellectual Property” means all intellectual property rights in any information, know how and material related to the Courses provided to the Customer or the Customer’s child which shall include (without limitation) the teaching and other processes, marketing materials, handouts, presentations, books, documentation, software, course content, lesson plans, manuals, data, and any other rights.
“Services” means the services provided by the CfL to the Customer or Customer’s child during a Course as described in these Conditions.

BOOKING A COURSE AND ENGAGEMENT

The Customer may book a Course online through www.cfl-training.com ; www.counselforleadership.comor www.tickettailor.com . All information related to a Course shall be found in the Course Prospectus.
These Conditions shall apply to the Customer immediately when a Customer books a Course.
CfL shall have a right to reject a booking at its sole discretion without any liability to the Customer. In the event CfL rejects a booking the Customer or Customer’s child shall not be entitled to participate in the Course.
Should the booking made by the Customer be accepted by CfL, these Conditions shall apply to the Customer to the exclusion of all other terms and conditions and shall supersede any other documentation or communication between the Customer and the CfL.
CfL reserves the right to reject entry to a Customer or Customer’s child at a Course at any time even after acceptance of a booking if CfL becomes aware that the information provided by the Customer in the Pre-Course Information Form is misleading, inaccurate or incorrect or the Customer fails to make payment of the CfL Fee as detailed in Clause 5. In such an instance CfL shall not be liable to reimburse the CfL Fee (if paid) to the Customer.
If a Customer or Customer’s child is removed from a Course or is asked not to return to the Course for behavioural reasons, CfL shall not be liable to the Customer for reimbursement of the CfL Fee or a credit note as the duty of care to safeguard all Participants and CfL staff members is paramount. A decision of this nature will be discussed at length with the Customer before such decision is made, and will be evidenced in writing.

SUPPLY OF SERVICES

CfL shall use reasonable endeavours to run Courses using CfL Trainers that CFL considers suitable to deliver high quality education and to perform the additional services as further set out in this Clause.
CfL shall carry out its obligations with reasonable skill and care and to a reasonable standard and in accordance with recognised codes of practice and relevant statutory obligations.
CfL will take all reasonable steps to ensure CfL Trainers are of sound character, honest and reliable. However, CfL cannot be held responsible for the conduct of a CfL Trainer either before or during a Course and does not give any warranty as to the history, character, age, experience, capability, suitability, honesty or immigration status of any CfL Trainer nor as to the completeness, truthfulness or the accuracy of the information supplied to them by the CfL Trainer. CfL accepts no liability for any injury, loss or damage arising from any negligence, misconduct, dishonesty or lack of skill on the part of the CfL Trainer.
CfL will check that each CfL Trainer at the Courses has had an Enhanced Disclosure Barring Service check (previously CRB) which is valid within the past three years.
CfL will keep a written record of any injury (if any) that occurs during the Courses and feed this back to the Customer at the end of each day.
CfL shall conduct Courses at various locations chosen by CfL and the Customer acknowledges that the location of the Courses may vary from Course to Course.
Time for commencement shall not be of the essence of these Conditions and CfL shall not be held liable for any loss, costs, damages, charges or expenses caused directly or indirectly by any delay in the Services.

RESPONSIBILITIES OF THE CUSTOMER

The Customer shall complete and submit the Pre-Course Information Form in full and to the best of their knowledge, specifying any information that will help CfL to provide the best service possible during a Course. The Customer shall disclose all important information to CfL related to the Customer or the Customer’s child who is attending the Course, in particular any behavioural, medical and health information including (without limitation) any medical illnesses and conditions and allergies.
The Customer shall read the Course Prospectus carefully and clarify any questions, prior to booking a Course.
The Customer warrants that it has the necessary authority to enrol the child in the Course.
The Customer shall be responsible for any unruly behaviour of the child during the Course and any damages caused by their child during a Course.
The Customer shall pay the CfL Fee as set out in Clause 5 to CfL.
The Customer shall make arrangements to collect their child at the end of the Course at the time and date specified. If a Customer fails to pick up the child and CfL are unable to contact the Customer or their recommended emergency contact, CfL will contact the local Social Services authority.
The Customer shall ensure that the Customer’s child is accompanied with any medicines that they might require and that written instructions on how to administer the medicines have been shared with CfL in advance of attending any Course.
By providing instructions on how to administer medicines, the Customer is consenting to CfL Trainer administering such medicines as specified to the child. CfL hereby excludes liability and does not take any responsibility on any side effects of such medication on the child.

CHARGES

The CfL Fee will vary depending on the Course being booked and such CfL Fee shall be detailed on the booking page on the CfL and TicketTailor website.
The Customer shall pay the CFL Fee in full in advance of the commencement of the Course.
All payments must be made by the Customer within six (6) calendar days of receiving payment instructions from CfL, or prior to the start date of a Course – whichever is earliest.
If any amount due to CfL is not paid when due, CfL shall be entitled (at its sole discretion) to charge a fixed penalty of £10 a day per participant/ booking until payment has been cleared.
The Customer shall be liable for and shall indemnify CfL against all reasonable costs and expenses incurred by CfL in respect of any steps, actions or proceedings made or brought against the Customer by CfL to obtain payment of outstanding CfL Fees and fixed penalty.
The Customer shall be liable to pay an additional £25 as administration fees in the case of an incorrect Course being booked via the CfL website, when the Customer requests to transfer to a Course of different price value. The Customer shall be liable to pay the difference in price as well.

LIABILITY

The Customer shall notify CfL as soon as reasonably practicable after becoming aware of any matter (a “Relevant Matter”) in respect of which CfL may incur any liability to the Customer in negligence, for breach of these terms and conditions or otherwise. Subject as otherwise provided herein, if the Customer fails to make such notification within two (2) weeks of becoming so aware, it will not be entitled to make any claim against CfL in relation thereto (and CfL shall not incur any liability to the Customer in relation to such Relevant Matter). In the event that a Relevant Matter is properly notified as above, and subject as otherwise provided herein, CfL’s liability to the Customer in respect of any breach of these terms and conditions or for negligence or otherwise shall not exceed the amount of the fees payable by the Customer to CfL in connection with the Course.
Notwithstanding any other provision of these terms and conditions, nothing herein will restrict or limit CfL’s liability for:
death or personal injury caused by the negligence of CfL; or
fraud or fraudulent misrepresentation; or
any other matter for which it would be illegal or unlawful for CfL to exclude or attempt to exclude CfL’s liability.
The Customer shall indemnify CfL and keep CfL indemnified from and against any claims, losses, costs, expenses, damages, or liability made against or incurred by CfL or a CfL Trainer in connection with:
Any breach of these Conditions by the Customer or the Customer’s child;
Damage, theft or injury caused to other Participants or their personal property by the Customer or Customer’s child during the Course;
Damage, theft or injury caused to a CfL Trainer, CfL’s staff or CfL’s property by the Customer or Customer’s child during the Course; and
Any negligent or wilful default of the Customer or the Customer’s child during a Course.
CFL will take all reasonable steps to ensure a child is not hurt by another child (either physically or verbally) during a Course. However, CfL cannot be held responsible for the actions of another child and accepts no liability for a child being injured by another child.
CfL accepts no liability and hereby excludes all liability for any, losses, claims, expenses, costs or damages arising from the location at which the Course is held. This includes one’s private residence if the Course or Session is taking place online.
CfL accepts no liability and hereby excludes all liability for any claim, loss, expenses, costs or damage arising from:
any negligence, misconduct, dishonesty or lack of skill on the part of the CfL Trainer;
any injury caused to the Customer or Customer’s child or damage to the Customer or Customer’s child’s property; and
the provision of the Services, the Course and the Engagement.
CfL will take all reasonable steps to ensure a Customer or Customer’s child is not hurt during a Course or Session but accepts no liability for injuries that occur during a Course or Session.

INTELLECTUAL PROPERTY RIGHTS

The Customer hereby acknowledges that the CfL shall own all intellectual property rights in CfL Intellectual Property.
The Customer may not replicate or copy CfL Intellectual Property in any way without CfL’s prior written consent.
The Customer accepts that:
it is only permitted to use the CfL Intellectual Property or the purposes and only as authorised by CfL under these Conditions;
other than to that extent, it has and shall have no right to use or to allow others to use the CfL Intellectual Property or any part of it and it shall not seek to register any intellectual property on behalf of CfL without CfL’s express written consent;
without the consent of CfL, it shall not use any trademarks, trade names or get-up which resembles the CfL’s trademarks, trade names or get-up and which would be likely to confuse or mislead the public or any section of the public;
it shall not pass off any other product or material as CfL Intellectual Property; and
it shall not do or omit to do, or authorise any third party to do or to omit to do, anything which could invalidate or be inconsistent with the CfL Intellectual Property.

MARKETING

Occasionally, CfL may take photographs or films of Customers and Customer’s children during Courses. CfL may use these images or films in CfL’s marketing materials or in other printed or digital publications that CfL produces, as well as on CfL’s website or in social media. To comply with the Data Protection Act 1998 which was subsequently amended by the Data Protection Act 2018, CfL needs the Customer’s permission before CfL can photograph their them or their child.
Express confirmation given on the Pre-Course Information Form constitutes the Customer’s consent to such images and films being used.
With respect to Clause 8.1, the following shall apply:
CfL will not use the personal details or full names (which means first name and surname) of any child or adult in a photographic image or video, on our website, in social media or in any of our other printed or digital publications.
CfL will not include personal e-mail or postal addresses, or telephone or fax numbers on CfL’s website, social media, marketing material or in other printed or digital publications.
If CfL uses photographs or films of individual children, CfL will not use the name of that child in the accompanying text or photo/video caption.
CfL will only use images and films of adults and children who are suitably dressed, to reduce the risk of such images and films being used inappropriately.
Acceptance of these terms and conditions constitutes the Customer’s consent to receiving the CfL monthly e-newsletter and any important updates regarding the CfL via email, phone and SMS. The Customer can unsubscribe from these channels at any time by emailing sta@cfl-training.com or clicking unsubscribe on the e-newsletter.
The Customer may at any time write to CfL and update the information stored by CfL. The Customer may at any time withdraw its consent to have photographs of the Customer or Customer’s child being taken by emailing sta@cfl-training.com

TERMINATION

These Conditions shall continue until the Course is completed or the Course is cancelled by either party as detailed in our Cancellation Policy.
CfL may terminate these Conditions if the Customer has failed to make payment as detailed in Clause 5 above (any such termination being without prejudice to the CfL’s claim for payments owed) or the Customer is in breach of these Conditions.
Any rights to terminate these Conditions shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of these Conditions as at the date of termination.

CONFIDENTIALITY

All information provided by either party to the other, including but not limited to any personal details relating to the CfL Trainer or the Customer, will be treated as strictly confidential and will not be disclosed by either party to any third parties, unless required by law or regulation, without prior written consent of the other or of the CfL Trainer, as the case may be.
CfL reserves the right to share your first name with the original purchaser, if you use a referral code.
CfL shall process all personal data relating to the Customer and the Customer’s child and other individuals in accordance with the Data Protection Act 1998.
The Customer hereby consents to the processing of any personal data (including Sensitive Data as defined in the Data Protection Act 1998) relating to the Customer or Customer’s child for the purposes required for the delivery of a Course. In particular, but without limitation, the Customer consents to the processing (including gathering, storing and use) by CfL of medical details relating to the Customer or Customer’s Child for the purposes of protecting the health and safety of the Customer or Customer’s child at any Course.
CfL will take appropriate measures to prevent the unauthorised use or processing, or the loss or destruction of, any personal data that the Customer provides. CfL may use personal data which the Customer provides or which CfL holds about the Customer or Customer’s child or children for the purposes of delivery of a Course and to keep the Customer informed about other services and products provided by us (but CfL will not disclose personal data about the Customer or Customer’s child to any third party except as necessary for the provision of the Course or to comply with overriding statutory obligations).

GENERAL

These Conditions may be revised by CfL from time to time. The Customer is expected to check this page to take notice of any changes CfL make, as they are binding on the Customer.
Neither party may assign transfer or in any way make over any of its rights or obligations to any third party without the written consent of the other party.
Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing either by letter or email addressed to the other party at its registered office or principal place of business or such address as any at the relevant time has been previously notified to the party giving the notice.
No failure or delay by either party in exercising any of its rights under these Conditions shall be deemed to be a waiver of that right and no waiver by either party of any breach of these Conditions by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
It is not intended that any of the terms of these Conditions will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to these Conditions.
These Conditions shall be governed by and construed in accordance with English law.
The English courts have exclusive jurisdiction to determine any dispute arising in connection with these Conditions, including disputes relating to any non-contractual obligations.

CANCELLATION POLICY

Definitions

The following expressions shall have the following meanings:

“Course (s)”, “Programme(s)”, “Bootcamp(s)” means a course run by CfL which shall consist of various sessions as may be detailed in the Course Prospectus.
“Session(s)” means a session run by CfL. These session may be online or offline/ live as may be detailed in the Course Prospectus.
“Course Prospectus” means the information found at www.cfl-training.com or www.counselforleadership.com related to a particular Course.
“Customer” means any family, third party, individual, partnership, company or other organisation or entity who enrols a participant in a Course.
“CfL” means Osbourne Mckenna Ltd trading as Counsel for Leadership, a company registered in England and Wales with company number 08389989

Offline Courses

For a Course to run successfully CfL need a minimum number of bookings. This number varies depending on the nature and location of the Course. Should this number not be reached two (2) weeks prior to the start date of the Course, CfL reserves the right to cancel the Course. Such cancellation shall be notified to the Customer.
If a Course is cancelled by CfL, CfL shall fully reimburse the CfL Fee (if paid) to the Customer within a maximum of ten (10) calendar days of announcing the cancellation.
If a Course is cancelled on the advice of Public Health England, then the Customer shall receive credit towards one of CfL’s future Courses based on availability and equivalent cost but NOT a reimbursement. This will be redeemable up to 12 months after the date of the original course.
If a Customer wishes to cancel a booking for a Course prior to its commencement, the Customer must provide at least twenty eight (28) days’ notice in writing to CfL. If at least 28 days’ notice is provided to CfL then the Customer shall receive credit towards one of CfL’s future Courses based on availability and equivalent cost but NOT a reimbursement. This will be redeemable up to 12 months after the date of the original course.
CfL shall not be liable to provide a reimbursement or credit note if a Customer wishes to cancel a booking for a Course prior to its start date with less than 28 days’ prior notice. This includes but is not limited to scenarios where the Customer or Customer’s child is unwilling to attend the Course, the Customer or Customer’s child is unhappy with the teacher or group offered during the Course, the Customer or Customer’s child is only attending a portion of the Course and not in totality or on the basis of the mixed gender sessions that CfL provide during their Courses.

Online Courses

For a Course to run successfully CfL need a minimum number of bookings. This number varies depending on the nature of the Course. Should this number not be reached two (2) weeks prior to the start date of the Course, CfL reserve the right to cancel the Course. Such cancellation shall be notified to the Customer.
If a Course is cancelled by CfL, CfL shall fully reimburse the CfL Fee (if paid) to the Customer within a maximum of ten (10) calendar days of announcing the cancellation.
If a Customer wishes to cancel a booking for a Course prior to its commencement, the Customer must provide at least twenty eight (28) days’ notice in writing to CfL. If at least 28 days’ notice is provided to CfL then the Customer shall receive credit towards one of CfL’s future Courses based on availability and equivalent cost but NOT a reimbursement. This will be redeemable up to 12 months after the date of the original course.
CfL shall not be liable to provide a reimbursement or credit note if a Customer wishes to cancel a booking for a Course prior to its start date with less than 28 days’ prior notice. This includes but is not limited to scenarios where the Customer or Customer’s child is unwilling to attend the Course, the Customer or Customer’s child is unhappy with the teacher or group offered during the Course, the Customer or Customer’s child is only attending a portion of the Course and not in totality or on the basis of the mixed gender sessions that CfL provide during their Courses.
CfL shall not be liable to provide a reimbursement or credit note if a Customer misses part of the course or if their internet is not strong enough to complete a session.

We are committed to reviewing our policy and procedures annually.