Terms and Conditions

Welcome to our performance psychology website, Empower To Perform (the "Site"). By accessing or using the Site in any way, you agree to be bound by these terms of service (the "Terms"). If you do not agree with any of these Terms, please do not use the Site.

1. Use of the Site

1.1. The Site is for your personal and non-commercial use only. You may not use the Site or any content on the Site for any commercial purpose without our express written consent.

1.2. You may not use the Site in any way that could damage, disable, overburden, or impair the Site or interfere with any other party's use of the Site.

1.3. You may not attempt to gain unauthorised access to the Site, or any part of the Site, other accounts, computer systems, or networks connected to the Site, or any part of them, through hacking, password mining, or any other means.

2. Intellectual Property

2.1. The Site and all content on the Site, including but not limited to text, images, graphics, audio, video, and software, are the property of Empower To Perform Ltd or its licensors and are protected by copyright, trademark, and other intellectual property laws.

2.2. You may not use any content on the site for any commercial purpose without our express written consent.

3. User Content

3.1. The Site may allow users to post or upload content, including but not limited to comments, reviews, and ratings (collectively, "User Content"). You are solely responsible for any User Content that you post or upload to the Site.

3.2. By posting or uploading User Content to the Site, you grant Compassionate Power Ltd and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.

3.3. You represent and warrant that you own or have the necessary rights to the User Content that you post or upload to the Site, and that the posting or uploading of such User Content does not violate any law or the rights of any third party.

4. Third-Party Links

4.1 The Site may contain links to third-party websites. These links are provided for your convenience only, and we are not responsible for the content or accuracy of any third-party websites. The inclusion of any link does not imply our endorsement of the website.

5. Disclaimer of Warranties

5.1. The Site and all content on the Site are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied.

5.2. We do not warrant that the Site will be uninterrupted, timely, secure, or error-free, or that the Site or the server that makes the Site available are free of viruses or other harmful components.

6. Limitation of Liability

6.1. To the fullest extent permitted by law, we and our affiliates, officers, employees, agents, and licensors will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages of any kind, including but not limited to loss of profits, loss of data, loss of goodwill, or loss of reputation, arising out of or in connection with the use of the Site or any content on the Site, or the inability to use the Site or any content on the Site. This limitation of liability applies regardless of whether the damages are based on contract, tort, negligence, strict liability, or any other legal theory, and even if we have been advised of the possibility of such damages.

7. Governing Law and Jurisdiction

7.1 These Terms and your use of the Site shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these Terms or the Site shall be resolved by arbitration in the UK in accordance with the arbitration rules of the London Court of International Arbitration.

8. Sessions

8.1 Sessions will take place at a location that is mutually agreed upon by the practitioner and client or via video conferencing. Payment for sessions will be completed in line with the payments section of this document. Sessions will last a counselling hour which is usually between 50 and 60 minutes unless an invoice specifies otherwise. The ending of services will normally be concise and will be agreed upon prior to sessions starting unless a situation arises that warrants a change, which will be determined by the practitioner based on the client’s safety concerns.

9. Workshops

9.1 Workshops will be conducted at a location and time agreed upon between the practitioner and client. The payment for the workshop will be completed in accordance with the payment terms specified within this document. Each workshop will have a specified duration, which will be communicated in advance with the client. The duration of each workshop may vary depending on the nature of the objectives to be achieved but typically each workshop lasts between 50 to 60 minutes.

10. Payment

10.1 Fees for sessions and workshops will be agreed upon during an initial meeting between the practitioner and client or in prior contact between the two parties. Payment is normally made prior to sessions beginning or paid in advance for a set of number of sessions. The payment modes we currently accept are cash, cheque, or bank transfer (preferred). The practitioner will ensure the client has advanced notice of any schedule changes as possible in terms of holidays or any other need to cancel a future appointment.

10.2 Fees for workshops will be communicated and agreed upon with clients during an initial meeting or in prior contact between the two parties. Payment for workshops is normally made in advance or prior to the start of the workshop, as per the terms communicated by the practitioner. The payment modes we currently accept are cash, cheque, or bank transfer (preferred). The practitioner will provide clients with adequate notice for appropriate planning in the event of any changes to the workshop schedule or cancellations.

11. Cancellation and Missed Session Policy

11.1 In the event you are unable to attend your appointment, kindly inform us as soon as possible. We require a notice period of 48 hours for cancellations. If you provide less notice or do not show up for the appointment, the full fee will be charged. We appreciate the understanding of clients that such appointments cannot be filled on short notice and therefore we are obliged to charge for the Practitioner’s time. If the practitioner must cancel an appointment, we will make every effort to reschedule the appointment at the earliest possible convenience for both parties.

12. Homework Policy

12.1 Assigning homework is an important part of the therapeutic process. Empower To Perform Ltd considers it as crucial as attending the sessions. We expect clients to complete the assigned homework to the best of their ability. During sessions, the work given to clients to complete outside of sessions may not be explicitly referred to as homework, but it will be understood as such. It is important to note that failure to complete homework on three occasions will result in termination of services without any refund. The client will be informed of this policy when homework is assigned and reminded in subsequent sessions should homework not be completed.

13. Confidentiality

13.1 In performance psychology services, confidentiality plays a crucial role in establishing a strong therapeutic relationship and ensuring the client’s comfort and security. The therapeutic process encourages the client to be as open and honest as possible, clients may disclose personal experiences and sensitive information during sessions, and it is imperative that they feel confident that such disclosures will remain confidential. All information will remain confidential unless both the client and practitioner agree to discuss something with a third party. The circumstances where confidentiality may be broken would be if there were a serious risk to the client’s life, if another person’s life was at risk or the client admits to a criminal offence. Confidentiality may be broken in rare cases where the practitioner was liable to civil or criminal court proceedings if they did not disclose client information. If at all possible, this would be discussed at length with the client beforehand and everything would be done to safeguard client confidentiality.

14. Handling of Personal Information

14.1 Empower To Perform Ltd guarantees the secure retention of all records pertaining to his clients and upholds strict confidentiality. No information will be disclosed without the client’s written permission, except under certain rare legal circumstances (e.g., Child Protection). Our practitioners are members of the British Association of Sport and Exercises Sciences and adheres strictly to each of their professional codes of conduct and ethical codes. All associates working at the practice are fully insured for professional liability and maintain regular supervision for all client work undertaken. All records are kept secure in relation to the Data Protection Act 1998.

15. Indemnification

15.1 You agree to indemnify and hold us and our affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, your violation of these Terms, or your violation of any rights of another.

16. Termination

16.1 We reserve the right to terminate or suspend your access to the Site at any time and without notice, for any reason, including but not limited to violation of these Terms or any illegal or inappropriate use of the Site.

17. Changes to the Terms of Service

17.1 We reserve the right to change these Terms at any time. Any changes to the Terms will be effective immediately upon posting to the Site. Your continued use of the Site after any changes to the Terms signifies your acceptance of the updated terms. This Terms of Service was last updated in January 2023.

18. Severability

18.1 If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions.

Contact Us

For any questions or concerns regarding the terms of service, you may contact us using the following details:

Darius Smith
darius@empowertoperform.co.uk