TERMS & CONDITIONS
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These terms and conditions form is a part of yourthe agreement with Nadia Boersch Consulting EPU (referred to as NB in the following).
Data Protection Policy – please see here: https://www.brandalytical.com/disclaimer-privacy
General Terms & Conditions
Release of Liability
1. Except as expressly provided in the Agreements, NB makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the services negotiated, agreed upon and rendered. In no event shall NB be liable to the Client for any direct, indirect, consequential or special harms or damages during the workshops. Notwithstanding any damages that the Client may incur, NBs entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to NB under this Agreement for all services rendered through and including the termination date.
2. Events: Participants at events are held responsible for their physical and mental conditionmselves and their conduct, during the events and outside events. You recognize it is your own responsibility to inspect the facilities within the property, to exercise good judgement, to Act responsibly and to follow obey all of NB’s and any of NBs staff oral or written guidance, instructions (including signage), and warnings.
3. NB reserves the right to refuse offering her services to any Clients and/or Participants at Workshops at her sole discretion without having to submit for any reason to the person concerned.
4. In particular to training, workshops and other activities with the horses:
a. You understand that you are fully responsible for your own physical and mental health during the training. Once you attend the event, we assume you are in good condition to keep up with the program. If not, you can be suspended from the event and referred to psychotherapy or other psychological treatment or doctors for treatment at your own costs and responsibility. It is the clients sole responsibility to seek medical advice. Should the client continue to work with NB – simultaneously – it is out of free will.
b. The horses are trained to work with different people and in different situations, there is however a risk involved working with such animals that may react “wildly” according to their natural instincts which includes but is not limited to spooking, biting, kicking, jumping, running away.
c. In consideration of being allowed to participate in the Activity with the horses, in case you are injured when participating in the Activity or while present on the location, you agree to be legally bound by the promises set forth below. You understand that this includes NB, as well as representatives of NB: its members, officers, directors, agents, servants, and employees and, if not owned by NB, the owners of the land on which the Activity is taking place (that land, the “Property”).
d. You forever release NB from any and all liability for any injury. You will indemnify and hold harmless NB from any loss, liability, damage, or cost of any kind that may occur as a result of the injury.
e. You agree that the above promises are legally binding even if you contend that your injuries are wholly or partly the result of negligence or other conduct on the part of NB for which a release is not contrary to public policy.
f. In case you are injured you authorize NB to provide emergency first aid and any medical or first aid personnel to provide medical care until such time as you or someone authorized by your medical care power of attorney or otherwise by law is able to act on your behalf.
g. You recognize it is your own responsibility to inspect the facilities within the property, to exercise good judgment, to act responsibly and to obey all of NB and any of NBs staff oral or written guidance, instructions (including signage), and warnings. NB may end or postpone the training at any time – for your own protection.
h. You agree to treat the horses respectfully, follow NB’s instructions and refrain from any violent, aggressive or inappropriate actions towardsagainst them (no beating, hitting etc.).
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Responsibility
NB will do everything possible to support you in achieving your own results and desired outcomes. Yet, you alone are responsible for the cause of all changes in your life that may occur after the training/workshops.
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NB will work with you to identify solutions and will offer you suggestions, options and advice based on NB’s personal and professional experience, training and the information appropriate. You accept full responsibility for all decisions and courses of action.
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You as Client, agree and acknowledge that NB is not a psychological, health or legal professional. You understand that all action taken is performed upon your own free will and hence voluntarily and is your own responsibility. After the events, Clients should seek independent professional advice before undertaking any physical, business or investment decisions or actions.
Intellectual Property
All material relating to Seminars, Events, Workshops, TrainingTrainings and Consulting with NB for which you are enrolling whether presented during, before or after working with NB, is subject to copyright and other intellectual property rights. The copyright in all such materials remains the property of their owners and may not be recorded, used, shared or reproduced, without prior the written permission of the copyright owner. You agree not, at any time, to do anything that would infringe the intellectual property rights in such materials. Any strategy, tools and methodology shared and developed with you during the events will remain property of NB and needs to be verified before sharing, and can also not be shared with your clients or any other unauthorized third parties.
Payment terms
Payment terms are as stated on invoice or within contracts and agreements. Otherwise as follows: 7 days within invoice date, latest 24h BEFORE sessions, 2 weeks before consulting days when at your location and 1 month before workshops.
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Prices on offers are stated in EUR and considered excluding VAT. In case your company is VAT registered in the European Union or European Economic Area we can provide our services based on reverse charge – excluding VAT. Please provide us with the VAT-registration number in advance of payment.
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Offers will remain are valid for 4 weeks. In order to secure the offer made, a 50% down-payment needs to be done within the 4 week period.
Prices are - unless otherwise stated – excluding costs for travel, accommodation, boarding and any other costs involved. Unforeseen additional costs can occur at the location (eg. Local tax).
Release & Waiver for pictures and videos
As a participant of any event or seminar of NB, you grant the right for our photographers and videographers to take pictures and video of the event. if you show up in a picture or a video, you grant NB the right to use that picture and/or video in our marketing materials - with your likeness in it.
Seminars, Workshops, Retreats
Seminar enrollment
Seminar enrollment needs to be done in writing, or by booking on platforms (eg. Eventbrite.com). Enrollment is binding. In case of late payment NB reserves the right to move your booking to another date, in case for example the seminar has reached full capacity – the payment date secures the booking, and is given advantage over the booking date.
Cancel and Reschedule Your Enrollment
You can reschedule your attendance for free up to 4 weeks in advance to the event. For any rescheduling request within less than 4 weeks before the event, we will charge you 30% of the registration fee, unless you refer someone to attend the workshop on your behalf. All requests to cancel or reschedule your enrollment must be received by NB in writing, via email (email hello@brandalytical.com).
Failure To Attend A Seminar
If you fail to attend a seminar in which you are enrolled then you will forfeit the full cost of that enrollment and a credit is not available (No Show). In case of sickness, death of close family members or other unforeseen circumstances, NB reserves the right to offer an alternative date for your participation, should that not be possible, NB will refund the fee, deducted by a 5% less an administrative charge.
Changes of Seminar
If for any reason we deem it necessary to change the seminar dates, venue, speaker, content, title or hours we may do so by notifying you in writing about of the changes we make. In this case you retain the right to reschedule your enrollment at no charge. NB reserves the right to cancel any event, seminar or retreat without providing definition of reasons. In case you should not be able to attend the follow-up event, you are entitled to refund for the fee in full which is payable to you within 6 weeks after the event. You are not entitled to receive a refund for any costs incurred due to cancellation.
Consulting & Training
Scheduling
All Consulting or Training Sessions are scheduled in advance either by booking link or by direct agreement between you and NB. If for any reason you cannot attend a scheduled Session you are fully responsible to for informing NB and to arranging an appointment at least 48 hours in advance, otherwise the session will be deemed forfeit. You are responsible for rescheduling via phone or contact (and receive reply) via email.
For full-day consulting sessions, cancellation is due at least 2 weeks in advance. Other cancellation-costs that are involved are need to be paid by yourself (flights, accommodation etc.).
In special unforeseen unexpected cases (sickness, death of close family members, accidents etc.) an alternative date can be agreed on for no additional costs.
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Confidentiality
From the consulting perspective, NB agrees to treat all promises the Clients’ Client data and that all information provided to the NB will be kept strictly confidential as allowed by law.
Client also agrees not to disclose the training methods and materials of NB to unauthorized third parties without NB’s prior consent.
If the Client believes that the consulting is not working as desired, the Client will immediately communicate that to the consultant and both will take action to remedy the situation. .
Changes to Agreement
NB reserves the right to change, modify or cancel any programs as considered necessary. Any such change will be made in consultation with the Client. If at any time whether the Client or NB believe the Sessions and agreement are no longer serving the needs of the Client they may initiate a discussion to rectify the situation prior to cancelling the Program or Sessions.
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The Consulting or Training Programs are created and sold as whole packages and cannot be altered or partially completed in any way. If you are enrolled in continuing Consulting /Training for a number of sessions, unused sessions due to quitting the program may not be eligible for refund, credit or transfer.
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Applicable Law & Jurisdiction
This Agreement shall be governed and construed in accordance with the laws of Austria, without giving effect to any conflicts of laws provisions. The agreed place of jurisdiction is Vienna, Austria.
All disputes arising out of or in connection with this Agreement shall be submitted by the parties for mediation. If the attempts towards mediating the conflict fail, the dispute will be submitted to the courts in Vienna.
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Speaking / Workshop Engagements
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When booking NB Nadia Boersch for Speaking/Workshop Engagements the following Terms & Conditions apply:
Payment policy
50% of payment needs to be done 1 month prior to engagement, 50% of payment is done on the day of the engagement.
Photography, Audio and Video recording
Photography, Audio and Video Recorders may be used during the presentation with permission of NB’s prior consent. NB will be provided with and may use for publicity purposes witha copy of all photographs, video and audio materials. If no photographer and/or videographer is provided by the organization, NB reserves the right to bring her own Photographer/Videographer and use the materials for her own publicity and marketing purposes.
Cancellation policy
If this engagement is cancelled by the organization or speaker agency, the following fee schedule will be in effect from the time notification is received at the office of NB Percentage of the fee due if the engagement is cancelled: 30 days or less before the engagement (75%); 31-60 days prior (50%); 61-90 days prior (25%); 91-120 days prior (10%).
If the engagement is cancelled by NB (... weeks before the event), fees paid to NB will be refunded to the organization or via the speaking agency in full.
Equipment, Speech content
Please secure an excellent sound system, beamer for visual presentation, and, if possible, a headset. Please advise in advance the format the presentation should be provided (Keynote or PowerPoint). Please also advise NB if you plan to have someone introduce her on stage (information will be provided accordingly).
NB believes in continuous reinforcement of ideas is the best way to learn and she will offer an opportunity for participants to get in touch with her and or the opportunity to participate in a low-tier-offer workshop. In case you wish for NB to cover or include specific topics in her speech or workshop, you need to notify NB at least 2 weeks in advance.
Contact Us
Nadia Boersch EPU
Hartäckerstrasse 11/4
1190 Vienna
Austria
Last update: January 2020 . These Terms and Conditions are subject to changes.