Terms and conditions
It is essential for the sake of mutual protection, that we have Terms & Conditions so we kindly ask that you read these before we commence any work together.
GENERAL
PAYMENT
Full payment is required upon booking via Stripe or Quickbooks. Once payment is received, we will book in your sessions.
This is to ensure your full commitment to the process and to save time with the practical side of life so we can remain fully engaged in where you’re headed.
CONFIDENTIALITY
We will hold all our interactions - both during group sessions and personal ones, in full confidence. This is of vital importance for both parties and the purpose of this section is to ensure we respect and maintain each other’s privacy, both now and in the future.
We never disclose the names of clients we are working with nor do we allude to their identity if they happen to be in the public eye. For marketing purposes only, Daniela Bragato LLC might ask participants to submit a workshop review. Daniela Bragato LLC will only publish clients’ testimonials on the website and social media prior to having their written consent.
Any breaches in confidentiality that compromise our privacy (personal or professional) and our potential earnings will result in legal action against all parties involved.
SOCIAL MEDIA
If relevant at any point you are more than welcome to mention we are your coach on social media as a means of promoting our business and celebrating your progress and successes. No details outside of that fact are to be mentioned. Therefore, if you feel we are not providing a service that meets your expectations, we expect you to discuss this with us rather than voice this through any form of media.
We will only ever re-share your post if relevant. We will only mention clients’ testimonials on our social media prior to having their written consent.
DISCLAIMER
Coaching is a partnership between two parties who are focused on getting results for the client.
It is not to be considered as a substitute for medical or psychological care.
Coaching results cannot be guaranteed and we can give you the tools and walk alongside you through your journey but ultimately you are responsible for your own results.
You are agreeing to hold Daniela Bragato LLC free of all liability and responsibility for any actions or results for adverse situations created as a direct or indirect result of our work together.
TERMS AND CONDITIONS
1. About these Terms and Conditions
By Booking a session with Daniela Bragato LLC, you are signifying your agreement to and acceptance of our Terms and Conditions. All references to the Terms and Conditions refer to these Terms and Conditions as amended and updated from time to time.
2. You can contact us by emailing or by writing to us:
If I have to contact you, I will do so by writing to you at the email address or postal address you provide to me in your booking form/contact form.
3. Definitions
“Agreement” means these Terms and Conditions and the Booking Form.
“Daniela Bragato LLC” means the entity with which you have entered into this Agreement.
“Fee” means the amount payable for the courses, events or workshops – in person or online as detailed in the booking form/email confirmation.
“Event, Workshop or Session” means any specific event, workshop or training, either in person or online which Daniela Bragato LLC offers.
“Term” denotes the periods throughout the year(s) during which we run courses, event or workshop – in person or online.
“Venue” means the place at which Daniela Bragato LLC provides the training courses, event or workshop – in person or online.
'Supervision means the sessions of supervision of mindfulness' that Daniela Bragato offers.
4. Use of the Site + Service
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.
Information provided on the Site and in the Service related to Daniela Bragato LLC and other information are subject to change. Daniela Bragato LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Daniela Bragato LLC disclaims all liability for any inaccuracy, error or incompleteness in the Content.
5. Lawful Purposes
You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services through the Site for legitimate, non-commercial purposes only.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
6. Refusal of Service
Daniela Bragato LLC reserves the right to remove and refuse service to any order, person or entity without obligation to assign reason for doing so. Daniela Bragato LLC may at any time change or discontinue any aspect or feature of the Site or Service.
7. Booking and Payment
Courses, event or workshop – in person or online must be booked using the booking form provided on the website and the Fee must be paid in advance of the event unless otherwise agreed and can be proven by document, online or written.
Payment of the Fee shall be due to Daniela Bragato LLC upon booking. If payment is not received within the specified time the booking form is submitted, a place is not confirmed or guaranteed. Only when the booking form and payment of the Fee is received will your booking be confirmed.
If we are unable to accept your booking and the Fee has been paid, we will inform you of this in writing and refund you the Fee paid.
Event dates are available to view on the specific event page of the Daniela Bragato LLC website: www.danielabragato.com
The Fee is non-refundable under any circumstances except with the prior written agreement of Daniela Bragato LLC unless Daniela Bragato LLC is unable to offer concessions for missed classes due to sickness or holidays, in certain circumstances and solely at the discretion of Daniela Bragato LLC the following options may be available:
The person's place at the specific sessions may in exceptional cases be offered to an acquaintance provided adequate notice is given and the friend or acquaintance completes a booking form and expressly agrees to these Terms and Conditions; and we agree they are suitable for the workshop/session.
Subject to availability, adequate notice and without any guarantee, Daniela Bragato LLC may be able to fit the person into another training that week at an alternative venue.
Missed classes, courses, events, courses, workshops, supervisions sessions or trainings cannot be carried over to the next workshop/session without prior written consent (online or actual document). We operate a 48-hour cancellation policy. If you change a session time or date or miss a session with less than 48-hours’ notice, the session is charged at the full rate.
8. Changes to events, workshops, trainings and cancellation
Daniela Bragato LLC may cancel this Agreement at any time and for any reason whatsoever. If the Agreement is cancelled by Daniela Bragato LLC the unused portion of the Fee will be refunded to the customer.
If for any reason a specified facilitator is unable to run an event, then Daniela Bragato LLC will do its best to provide another facilitator. If this is not possible, Daniela Bragato LLC will, at its sole option, either (i) reschedule the training by adding another training or (ii) will refund the Fee for that Class.
The customer acknowledges and agrees that Daniela Bragato LLC reserves the right to replace any facilitator of an event without notice to the customer at any time prior to that event without any liability arising from such a change except in accordance with these Terms.
9. Daniela Bragato LLC Events
will provide events which:
conform in all material respect to their description;
are carried out with reasonable skill and care;
be fit for the purpose that Daniela Bragato LLC determine it is fit for the purpose for which the customer uses the training in mind of their description; and comply with all applicable statutory and regulatory requirements for supplying the training in the US, or elsewhere.
These Terms apply to any replacement workshop/session Daniela Bragato LLC supply to the customer in the unlikely event that the original classes, courses, events or workshops do not conform with these Terms. Customers are not permitted to use the workshop/session or information received from the workshop/session training for any commercial purpose, without prior written consent.
10. Attending a course/session – Code of Conduct
In order to create a relaxed and comfortable environment for all attendees, we ask that you comply with the code of conduct below:
Courses/sessions will start on time and people must arrive before the event is due to start.
During the course/session, mobile phones must please be either be switched off or on silent unless otherwise agreed.
Daniela Bragato LLC environment is relaxed and sociable, however to show respect for the group, general chatter must be kept to a minimum to ensure that the facilitator can be heard and that the focus is kept on learning.
Classes are sometimes held in venues with hard surfaces and, although mats may be provided it is the participants responsibility to wear suitable clothing and we cannot be held liable for any injury caused by lack of care or awareness of the participant.
If the facilitator of a workshop/session determines that the participant is disruptive, the teacher on behalf of Daniela Bragato LLC, shall be entitled to exclude the participant.
11. Responsibilities
The participant is aware that:
the information set out in the booking form whether completed and or accepted/signed by the participant is accurate in all respects and will notify Daniela Bragato LLC of any change in such information immediately;
if attending a in-person workshop, in case of symptoms of COVID-19 the participant shall not attend the class and inform Daniela Bragato LLC via email at: hello@danielabragato.com. The existing booking will be transferred to a later date subject to availability.
when attending a training the participant will be knowingly suffering from any illness, infectious disease or anything similar thereto.
12. Limitation of Liability
Daniela Bragato LLC shall not be responsible for any loss that a participant suffers as a result, except for those losses which it could reasonably foresee would result from the failure to comply with these Terms and Conditions.
Daniela Bragato LLC shall not be responsible to the participant for losses that result from its failure to comply with these Terms and Conditions including, but not limited to, losses that fall into the following categories:
loss of income or revenue;
loss of business;
loss of anticipated savings; or
loss of data.
This clause shall not prevent claims for foreseeable loss of, or damage to, the participant's physical property. This clause does not exclude or limit in any way Daniela Bragato LLC liability for:
death or personal injury caused by our negligence; or
fraud or fraudulent misrepresentation;
any other matter for which it would be illegal or unlawful for Daniela Bragato LLC to exclude or attempt to exclude its liability.
The participant agrees that any claim against Daniela Bragato LLC or any facilitator, practitioner, employee or agent of Daniela Bragato LLC must be brought within 60 days of the event that gave rise to such claim. The participant agrees any claim made thereafter should be discussed.
The participant acknowledges, warrants and undertakes that the maximum aggregate liability of Daniela Bragato LLC to the participant under these Terms and Conditions shall not exceed the Fee paid.
All warranties and conditions whether implied by statute or otherwise are so far as is permitted excluded from these Terms and Conditions.
13. Data Protection
Daniela Bragato LLC acts a Data Controller in relation to services supplied under these Terms and Conditions and the person responsible for data protection matters for Daniela Bragato LLC is Daniela Bragato.
Daniela Bragato LLC will adhere to all applicable data protection laws and always stores data sent to us in a secure manner as outlined in our Privacy Policy.
Daniela Bragato LLC shall ensure that data processing only takes place in accordance with the terms of this Terms and Conditions and any Data Processing Agreements in place from time to time. Daniela Bragato LLC only processes personal data where it has a lawful basis to do so.
Daniela Bragato LLC may store and process personal data via our servers located in the EU, or any other country that provides suitable and adequate security measures to protect the data. Data will be transferred in accordance with the relevant data protection laws.
We retain the right to respond to legal requests as necessary. Please see our Privacy Policy for further information on how we handle, store and use your data.
14. Personal Data
Daniela Bragato LLC shall uphold all rights in relation to the use of a data subjects’ personal data. The rights of data subjects are contained within our Privacy Policy.
As permitted under data protection legislation, we will store a Client’s data for as long as necessary in order to provide our services to the Client. Information associated with your account will be kept until your account is deleted, unless the information is no longer needed for the purposes agreed or for other legitimate purposes.
Once our relationship with you as a user of our classes has terminated, we will retain personal information only to comply with legal requirements, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms and Conditions, and take any action permitted by law.
We do not pass participants/clients/customers information to any third parties except those who have contractually agreed to abide by our service Terms and Conditions. Your data will not be used or sold outside of the agreed Terms and Conditions.
Please visit our Privacy Policy for further information on how we handle, store and use your data.
15. Fair Processing Notice or Audio or Visual Records and Photographs
Daniela Bragato LLC may take and use audio or visual recordings and photographs of you for the following purposes:
to be displayed on the Daniela Bragato LLC website;
to be displayed on Daniela Bragato LLC administered social media platforms;
to appear in Daniela Bragato LLC publications (including, but not limited to, prospectuses, marketing materials and annual reports) general publicity purposes.
If you have any concerns about or wish to opt out to audio or visual recordings and photographs, we fully understand these wishes and they will not be questioned so please contact us at: hello@danielabragato.com.
16. Intellectual Property
Daniela Bragato LLC reserves the right to all intellectual property in relation to this website and the services provided. Use of the services does not give the user any ownership in the services, its content or any trademark or logo used on the website.
Any information or material provided to us is on the basis of a non-exclusive, irrevocable, perpetual and royalty free licence to use such information and material in relation to the services we provide under our Terms and Conditions.
17. Changes to Terms and Conditions
These terms and conditions may be modified from time to time and you are advised to check this page to see that you are reading the most up-to-date Terms and Conditions. By accepting our Terms and Conditions, you consent to our collection, storage, use and disclosure of your personal information as described in our Privacy Policy.
18. Force Majeure
Daniela Bragato LLC will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under the Agreement that is caused by events outside its reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of Daniela Bragato LLC.
19. Severance
Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
20. No waiver
The failure by either party to enforce any obligation under these Terms and Conditions at any time or for any period shall not be a waiver of them or of the right at any time subsequently to enforce all the obligations arising under these Terms and Conditions.
21. Entire Agreement
These Terms and Conditions constitute the entire agreement between the parties and supersede all prior agreements and understandings between the parties. It is agreed that no statement, promise or inducement whether written or oral alleged to have been made by either party and which is no contained herein shall be binding or form part of these Terms and Conditions.
22. Third Party links
Certain content, products and services available via our Site may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
23. Governing law
These Terms and Conditions Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.