Acceptance of Terms and Conditions for Participation in the “The Academy”.

This Acceptance of Terms and Conditions (the “Agreement“) applies to your (“you” or “your”) participation in the The Academy and its related courses, materials, websites and associated Programmes (collectively referred to as the “Programme”) offered by Declan O'Donoghue Consulting  (Declan O'Donoghue Consulting and collectively referred to with you as the “Parties” and singularly as a “Party”). 

• Term of Agreement. The term of this Agreement shall be from the time Declan O'Donoghue Consulting  accepts your enrolment in the Programme (the “Effective Date“) until the completion of the Programme or, alternatively, upon termination by either Party. Either Party may terminate this Agreement at any time by giving the other Party written notice of termination. Termination will not, however, release either Party from any obligations that arose prior to the date written notice of termination was given.
• Programme Tuition Payment. As stated on the enrollment call or Declan O’Donoghue Consulting programme sign-up page, you have agreed to pay Declan O'Donoghue Consulting  the total amount for participation in the Programme (the “Programme Tuition”). The Programme Tuition is the amount you and Declan O'Donoghue Consulting  agreed upon for your participation in the Programme. You must pay Declan O'Donoghue Consulting  the Programme Tuition before you can receive any products or materials related to the Programme. Declan O'Donoghue Consulting  in its sole and absolute discretion, may agree to a payment schedule for you to pay the Programme Tuition or any part thereof. If you fail to make any payment(s) to Declan O’Donoghue Consulting on an agreed upon date, Declan O'Donoghue Consulting  may deem all sums due by you immediately payable to it. Additionally, if you fail to make any payment(s) to Declan O'Donoghue Consulting  on an agreed upon date, Declan O'Donoghue Consulting  may suspend your ability to receive products and services related to the Programme. Any such suspension, however, does not relieve you of your obligation to pay Declan O'Donoghue Consulting  the full Programme Tuition.
• The programme package includes guided coaching for 12 weeks.  The guided coaching includes:
  • Academy Client Portal
  • Access to the exclusive online coaching group
  • Guided facilitations and group coaching each week
  • TIR Digital Workbook

• The Academy Payment Plans. A payment  option is available.  The plan  is subject to two payments of €800 as agreed at time of purchase. Your subscription will automatically be set up and the funds will be deducted on the date established. Your subscription will be cancelled on receipt of your final payment.  If you have agreed to pay by bank transfer, please ensure the funds will reach us by the agreed date.   If we fail to receive any payment(s) to Declan O’Donoghue Consulting on the agreed upon date, Declan O'Donoghue Consulting  will suspend your ability to receive products and services related to the Programme.  Any such suspension, however, does not relieve you of your obligation to pay Declan O'Donoghue Consulting  the full Programme Tuition.

• Programme Participation.  Declan O'Donoghue Consulting  provides support, guidance and tools for you to set goals, determine priorities and achieve results, but any decision you make, and the consequences that flow from such decisions, is your sole responsibility. Your success depends on many factors, including your dedication, participation, desire, and motivation.
• Programme Participation: Alex Carey Yoga - The information, techniques, methods, recommendations by Alex Carey Yoga are not intended to substitute for the diagnosis and care by a qualified physician/GP related to your physical or mental health, nor to encourage the treatment of illness by persons not recognisably qualified. If in any doubt you should seek your GP's advice.

• Right to Suspend & Terminate.   We reserve the right to suspend or terminate your use of the programme, any other Declan O'Donoghue Consulting  products and/or services generally, if you breach any of these Terms, as determined by us in our sole discretion.  Refunds are not provided for our products and/or services, including where you have been given access to Our Content (unless otherwise indicated below).
• Ownership Rights and Proprietary Information. Declan O'Donoghue Consulting  and its affiliated entities own all right, title and interest (including all intellectual property rights throughout the world) relating to any and all works of authorship, designs, know-how, ideas, course materials, products, services and information related to the Programme. You agree that all materials provided to you as part of the Programme which are confidential and proprietary in nature, will be held in confidence and not disclosed by you to anyone without Declan O'Donoghue Consulting ’s written consent.
• Assignment. You may not assign this Agreement (or any obligations under this Agreement) without Declan O'Donoghue Consulting ’s prior written consent.
• Jurisdiction and Applicable Law.  This Agreement will be governed by, and construed in accordance with, the laws of the Republic of Ireland and be dealt with by the Courts of the Republic of Ireland  only.
• Legal Age.  You represent that you are of legal age to enter into this Agreement. 
• Relationship of Parties. Nothing in this Agreement or through your participation in the Programme shall create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Declan O'Donoghue Consulting .
• Intellectual Property. All trademarks, service marks, trade names, logos, patents and copyrighted materials associated with the Programme (the “Declan O'Donoghue Consulting  Intellectual Property“) are the property of Declan O'Donoghue Consulting  and its affiliated entities. You agree not to interfere or infringe upon the Declan O'Donoghue Consulting  Intellectual Property by, among other things, the following: (1) duplicating or creating of works (including any derivative works) that are the same or substantially similar to the Declan O'Donoghue Consulting  Property; (2) registration, creation or use of trademarks, service marks or domain names that are the same or substantially similar to the Declan O'Donoghue Consulting  Intellectual Property; (3) use, manufacture, import, or sales of any product or service that infringes upon the Declan O'Donoghue Consulting  Intellectual Property ; and (4) any action that would pass off or create the appearance of an association with or endorsement by Declan O'Donoghue Consulting.  

  All terms and conditions on   ‘Intellectual Property’ apply in   conjunction with Alex Carey Yoga too.

• Modification. Declan O'Donoghue Consulting  may modify or amend any of the terms and conditions contained in this Agreement, at any time and by posting a change notice or a new version of the Agreement on the applicable Programme website or by otherwise advising you of the amendment/modification. If any such amendment/modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Programme following the posting of a change notice or a new version of this Agreement on the applicable Programme website or following notice of the modification/amendment will constitute your binding acceptance of the new terms and conditions.
• Indemnification. You will indemnify, hold harmless and defend Declan O'Donoghue Consulting  (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) against any and all claims, expenses, costs, causes of action and damages (including those for personal injury, property damage and reasonable attorney’s fees) relating to your participation in the Programme or violation of this Agreement.
• Limitation of Liability. Declan O'Donoghue Consulting  (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) shall not be liable for any indirect, incidental, special or consequential damages of any nature (including but not limited to claims for personal injury, property damage, loss of revenue, profits) related to your participation in the Programme. Under no circumstances shall Declan O'Donoghue Consulting ’s liability, if any, exceed the Programme Tuition.  
• Data Protection and Privacy: Declan O'Donoghue Consulting  endeavours (but cannot guarantee) to protect your privacy and the security of your data in our system in compliance with the General Data Protection Regulations. Declan O'Donoghue Consulting  stores and utilises information collected at our sites in various ways.  In addition, Declan O'Donoghue Consulting  endeavours to enable the secure transmission of our users’ information and to collect and analyse data received in a responsible manner.  Please see our privacy policies on our website for full details.
• Miscellaneous.  This Agreement, together with any invoices provided by Declan O'Donoghue Consulting , constitutes the entire understanding of the Parties with respect to your participation in the Programme. This Agreement, together with any invoices provided by Declan O'Donoghue Consulting , revokes and supersedes all prior or contemporaneous agreements, communications, proposals or understandings, whether electronic, oral or written, between the Parties regarding your participation in the Programme.
  

The CLIENT (you) checks the checkbox at the time of purchase, in acknowledgment of this Agreement, and as indication of their full compliance with the above Terms and Conditions, and understanding of the services provided.  

[I offer the checkbox as my signature in full Agreement with the Terms and Conditions of this Agreement.]