To ensure our working relationship starts in the right way I’d like to provide you with some information so you can clearly understand what this Programme involves, how it will be delivered, what I expect from you, and lastly, what you can expect from me, and that’s what I hope to achieve within this Agreement.
This Agreement sets out the entire arrangement between us, and since I know reading legal documents is not the most fun, we’ve tried hard to make things as simple as possible.
We’ve avoided using complicated legal terms or jargon as much as we can since we have no desire to trick or confuse you, we simply want to ensure that we start out on the right foot with total clarity on what is expected as we start work together on achieving your goals!
1. The Agreement
1.1. You are agreeing to enter into a Group Programme (“the Programme”) with From Nine To Thrive Ltd. My business address is 10 Spenser Avenue, Weybridge, Surrey, KT13 0ST and our business registration number is 12862893 (referred to in this document as “We”, “Our” or “Us”).
2. The Services
2.1. The Services (“Services”) we shall deliver as part of the Programme are as follows:
2..1.1. 12 x monthly group coaching call delivered by Zoom
2.1.2. Access to a private Facebook community . We agree to use our best endeavours to respond to all questions within 24 hours Monday-Friday
2.1.3 1 x 1:1 with Giulia

2.1.4. 6 x monthly group mindset coaching calls

2.1.5 6 x monthly group sales coaching calls

2.1.6 24 weekly 1:1 checkins
Whilst participation in the Sessions or Activities is not compulsory, attendance and participation is strongly advised to benefit fully from the Programme.
Any additional contact or support you request that is not included in the Services above will require separate terms and conditions and separate fees will apply.
2.2 We agree to provide the Services with all reasonable care and skill.
2.3 We reserve the right to make amendments, revisions or changes to the Programme Itinerary or cancel, amend, change or reschedule any part of the Programme as is reasonably required. We shall not be liable to you for any changes or cancellations that are made.
2.4. Our delivery of the Services will be subject to these Agreement terms and you accept them when you agree to purchase our Programme and provide payment or part-payment of the Programme Fee, unless we agree in writing otherwise.
2.5. When we deliver the Services to you, we may engage the services of our employees, contractors and such other third-party providers as may be necessary.
2.6. We will confirm the date and time of each Session by email and by posting in the Scale Your Business Facebook group.
3. Your Obligations
3.1. You accept and understand that it is your responsibility to regularly check your email and Scale Your Business Facebook group for the dates and times of each group Session.
3.2. You accept and understand that since the Sessions are all group sessions, in the event you are unable to attend a Session or where you fail to attend a Session, then you shall simply forfeit the right to that Session. Sessions will not be rescheduled if you are unable to attend.
3.3. You accept and understand that you are solely responsible for making decisions and taking appropriate action as a result of anything covered during the Programme and that we shall not be liable for your failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of your participation in the Programme or our delivery of the Services.
3.4. You accept and understand that purchasing this Programme is not a substitute for professional therapy services. If you are currently undergoing medical or other professional help concerning your mental health then you should provide your practitioner with details of this Programme and inform us if appropriate and relevant.
3.5. Should you have any concerns whatsoever in relation to our delivery of this Programme or any of the services, then you agree to provide us with details by email as soon as possible. We agree to use our reasonable efforts to work with you to resolve any concerns you may have.
3.6. You agree that any information you provide to us is true, correct, up to date and complete.
3.7. You understand that any resources or information that we provide to you as part of the Programme are for general information purposes only and do not constitute legal, financial or medical advice.
3.8. You agree that all information that we disclose to you as part of the Programme remains our intellectual property and you agree to comply with our rights in connection with the information, materials and resources we provide to you in accordance with Section 10 of this Agreement.
3.9. You accept and acknowledge that the Programme is a group programme and that the Sessions are group sessions hosted by us. You agree that at all times during Sessions you will conduct yourself in a reasonable and responsible manner and will refrain from acting in a manner which may cause offence, distress or alarm to any other member of the Group (“Group Member”) or any other individual who is a member of any of our affiliated networks and/or groups which you may have access to.
3.10. In the event you do act in a way which is disruptive, or which causes offence, distress or alarm, to any other Group Member then you will be excluded from the Session and removed from any or all of the supporting online platforms in place for the Programme. Following such removal and exclusion we shall arrange a meeting with you to discuss the matter and to determine whether you shall be removed and/or excluded permanently from the Programme. Any such decision will be at our absolute discretion.
3.11. You accept and understand that, once signed, this Agreement can only be cancelled or terminated in accordance with the relevant provisions contained within this Agreement and that refunds only apply as set out in Clause 9.
3.12 You accept and understand that participation in the Programme does not guarantee results or success. As part of the Programme you will have access to information, resources, people and support all designed to benefit and support you but it is your responsibility to take action and to implement the necessary information received and/or skills or tools shared.
3.13 You accept and understand that any materials and information provided during the course of the Programme and delivery of the Services is for general information purposes only and does not constitute legal or financial advice.
3.14. You agree that you will not canvass, promote or advertise your products or services to any of our employees, clients or contractors, or any other Group Member, or use your participation within the Programme to canvass, promote or advertise your products or services without our express consent, such consent not to be unreasonably withheld.
3.15 You agree that during the Programme and for a period of 24 months afterwards, that you shall not solicit any of our clients or prospective clients without our express consent, such consent not to be unreasonably withheld.
3.16 You agree that for the duration of the Programme and for a period of 24 months afterwards, that you will not employ, engage or attempt to induce, employ, solicit or entice away from us any of the our employees or contractors that were engaged, employed or contracted to us at any point during the period of the Programme without our express consent in writing, such consent not to be unreasonably withheld.
3.17 You agree to indemnify us and hold us harmless for any action taken against us due to your violation or disregard of:
3.18.1. any provision of this Agreement;
3.18.2 your participation in any way in the Programme.
4. Our Obligations
4.1. We agree to deliver the Programme and the Services to you with reasonable care and skill.
4.2. If we have to cancel or reschedule a Session then we shall use our best endeavours to provide you with as much notice as possible.
5. Payment terms
5.1. The fee for the Programme is £4,500 (“the Fee”) which will be paid in 5 monthly instalments of £900.
5.2. Payment of the Fee shall be made via Kajabi.
5.3. The Fee will be taken immediately at the time of payment through Kajabi. If paying in instalments, instalments will be taken automatically each month through direct debit on the same day (or nearest working day) as the initial payment.
5.4. The Fee shall be paid without any deduction or any withholding except as may be required by law.
6. Late Payment
6.1. You shall be responsible for paying the Fee, or any instalment of the Fee, in full and on time.
6.2. If payment of the Fee is more than 7 days overdue, then a fixed administration fee of £60 shall be added to your account and we shall be entitled to withhold delivery of the Programme and Services until your account is brought up to date.
6.3. If payment of the Fee is beyond 14 days overdue then we shall be entitled to cancel our Agreement and seek recovery of the Fee along with any associated costs.
7. Refund Policy
7.1. No refund policy shall apply to your purchase of the Programme except for the circumstances set out in Clause 9.
8. Amendments, Cancellation and Termination
8.1. This Agreement between us may be terminated by either one of us giving the other notice by email in the following circumstances:
8.1.1. Either one of us breaches a term of this Agreement, and where it is a breach capable of remedy, fails to remedy that breach within 14 days of being notified by the other person; or
8.1.2. Either one of us breaches a term of this Agreement which is incapable of being remedied; or
8.1.3. You provide us with 14 days’ notice to cancel this Agreement. Please remember that no refunds apply and you will be liable for full payment of the Fee despite giving notice of cancellation.
8.2. We reserve the right to limit delivery of the Programme or suspend, and/or terminate this Agreement without refunding any Fee, whether paid, or remaining due, if we reasonably determine that you are:
8.2.1. Preventing us from delivering the Programme and the Services in any way. Such behaviour shall include, but not be limited to, displaying a lack of interest in the Programme or Services, repeatedly ignoring or failing to respond to emails or other messages, communicating in a way which is abusive or intended to cause offence to us or another Group Member; and/or
8.2.2. Failing to follow or abide by any term of this Agreement, whether such action constitutes a material breach or not.
8.3. Upon termination of this Agreement for any reason:
8.3.1. Any Fee or other monies owing to us shall become immediately due and payable;
8.3.2. Any term of this Agreement which either expressly or by its nature relates to the period of time after termination and/or the Services have been delivered, shall remain in full force and effect;
8.3.3. You agree to stop using, either directly or indirectly any Confidential Information, and shall immediately return to us any documents in your possession or control which contain any Confidential information.
9. Events outside of our control
9.1. Whilst we shall make every effort to deliver the Programme to you, certain events may arise which are outside of our control and which may affect our ability to deliver the Programme. Such events may include an Act of God, Strike, War, Riots, Lock Outs, Fire, Pandemic, Flood, Accident, Delays in Transit, any Act/Omission of a Telecommunications officer or Third-Party Supplier of Services, or any other circumstances beyond our control (“Events’). Should an Event occur then the timescales for delivery of the Programme shall be extended until a reasonable time after the Event, and under no circumstances shall we be liable for any loss or damage suffered by you as a result.
9.2. We acknowledge the importance of telecommunications to the delivery of the Programme and agree to use our reasonable endeavours to seek alternative arrangements to limit any delay caused by issues or failure of Telecommunications services. This clause will not apply where an Event occurs.
9.3. In the event we are unable to deliver the Programme as a result of an Event occurring, you will be entitled to terminate this Agreement by giving notice in writing. In the event of such termination we shall agree upon a fair and reasonable pro-rata payment for all Services provided up to the date of termination.
10. Confidentiality, Intellectual Property and Data Protection
10.1. For the purposes of this Agreement Confidential Information shall mean personal information, ideas, any business practices, materials, content, documents, video and audio recordings, presentations, resources, downloads, podcasts, workbooks or any other confidential and/or proprietary information (“Confidential Information”).
10.2. In order for you to benefit fully from this Programme, you accept that you will be encouraged to disclose Personal Data and / or Confidential Information. We understand and respect the value of such information and shall not, either directly or indirectly, communicate or disclose, make available to, or use for our own benefit or for the benefit of any other person or entity any Confidential Information that you may disclose to us or that may be disclosed as part of your participation in the Programme other than to our employees, contractors, agents or advisors, to the extent necessary for delivery of the Programme.
10.3. Confidential Information, for the purposes of this Agreement excludes any information that:
10.3.1. Was already known to us prior to being provided with that information by you;
10.3.2. Is already accessible in the public domain;
10.3.3. Is provided to us by a third party separately from this Agreement and without any breach of the terms of this Agreement; or
10.3.4. Is produced, developed or collated by us independently of you and without any breach of the terms of this Agreement.
10.5. We are grateful to receive testimonials, comments, reviews, images or similar information (“Reviews”). As part of this Agreement you consent for us to exhibit, copy, publish, distribute, use on or in any of our website, pages, other social media sites, advertising, marketing campaigns or email communications any of these Reviews as we reasonably require to lawfully promote our business. You can withdraw your consent at any time by emailing us.
10.6. By purchasing the Programme you hereby agree and undertake that from the date of this Agreement:
10.6.1. Not to infringe any of our or any other Group Member’s copyrights, patents, trademarks, trade secrets or other intellectual property rights;
10.6.2. That any Confidential Information disclosed by us or any other Group Member is confidential and proprietary, and belongs solely and exclusively to the person disclosing it;
10.6.3. Not to disclose, communicate, reproduce, distribute, make available to or use for your own benefit, whether personally or commercially, and whether directly or indirectly any Confidential Information disclosed or provided by us or any Group Member, or use any materials and/or resources provided by us during delivery of the Programme in any manner other than as necessary as part of your participation in the Programme;
10.6.4. Not to use any of our Confidential Information or other materials or resources for any purposes which are unlawful, would cause harm or distress to another person, or would cause damage to our business or reputation;
10.6.5. That all information and data provided by us whether marked Confidential or not is our confidential and proprietary intellectual property and belongs solely and exclusively to us, and may only be used by you as expressly authorised by us and nothing in this Agreement constitutes a transfer of any intellectual property or grant of a license or any right to use unless expressly agreed in writing by us;
10.7. As part of our delivery of the Services we shall grant to you a personal, limited, non-transferable, non-exclusive, revocable licence to access and use the materials and resources we provide solely for your private and personal use. Your licence becomes valid upon payment of the Fee and any other monies owing to us.
10.8. Where any of the materials and resources we provide contain intellectual property belonging to a third party, your use of that material will be governed by that third party’s terms and it shall be your responsibility to seek consent to use that material. We will not be liable to you in connection with your use or attempted use of any materials which contain intellectual property belonging to a third party.
11. Liability
11.1. We have made every effort to accurately represent the Programme. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that you will achieve the same or similar results. Your individual success depends on many factors, including your background, dedication, desire, and motivation. As with any business endeavour, there is an inherent risk of loss of capital and we make no guarantee, representation or warranty with respect to the Services provided.
11.2 .We shall not be liable to you for any indirect, consequential or special damages.
11.3. In the event you incur damages as a result of our default or violation of any of the terms of this Agreement, then our entire liability under this Agreement is limited to the Fee amount paid by you to us as at the time the loss is sustained.
11.4. Throughout the duration of the Programme and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm Giulia Smith, her company, agents, employees, contractors, or clients, or its or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or clients.
11.5. Should a dispute arise between us in connection with this Agreement which we are unable to resolve amicably then we both agree to refer the matter to an independent mediator for resolution. In the event an agreement can still not be reached then legal action can be commenced.
11.6. Neither one of us shall be liable to the other or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure is due to any cause beyond that party’s reasonable control.
11.7. You agree to indemnify us against any costs, liability, damages, loss, expenses, claims that we incur as a result of your default or violation of any term of this Agreement.
12. Notice
12.1. Any reference in this Agreement to the provision of a notice shall mean notice in writing sent by email to the email address included in this Agreement. All emails will be taken as delivered 48 hours from valid transmission.
12.2. If you change your contact email address it will be your responsibility to notify us so that we can update your records.
13. General
13.1. The failure of either one of us to actively enforce any provision of this Agreement shall not constitute a waiver, diminution or limitation of any right (including any enforcement rights).
13.2. In the event any provision of this Agreement is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.
13.3. This Agreement represents the entire agreement between us and supersedes all other negotiations, drafts, correspondence and discussions prior to the date this Agreement is signed and no modification to this Agreement shall be effective unless in writing and signed by us both.
13.4. You agree that no other representations have been made by us to induce you into purchasing the Programme.
14. Applicable Law
14.1. This Agreement is formed in the United Kingdom, which is our principal place of business, and this Agreement and the rights of us both shall be governed by the laws of England and Wales.
When you agree to these terms and services, you hereby warrant you have read the herein agreement prior to its execution and that you are fully familiar with the contents thereof. This agreement shall be binding upon you and you heirs, legal representatives and assigns.