Session Contract

Workflow by Tom W - Session Contract

Thank you for your interest in a Workflow by Tom W session. Please read the contract carefully and agree online using the link at the bottom of this document. This contract covers one Workflow by Tom W session and can be extended to cover optional additional sessions by mutual agreement and appropriate compensation as outlined in the definitions.

Please read this contract carefully before agreeing to the terms in Calendly.

Thanks,

Tom 

Definitions 

1. ‘Workflow by Tom W’ means W Media Group Limited, trading as Workflow by Tom W (5a Ribble Avenue, Burnley, United Kingdom BB10 2QF).

2. ‘Client’ means the person or, if applicable, the company named at the end of this agreement.

3. ‘Fee’ means the flat fee of £1500.00/ $2,000.00.

4. ‘Services’ means:

1. Consultation session(s) totalling 8 hours over Zoom available in up to two calls. 

2. A recording of our calls. 

3. Access to a shared folder in Dropbox for 30 days following the last session.

4. Optional additional sessions by agreement between Workflow by Tom W and the Client at a rate of £250.00 per hour/ $350.00 per hour.

5. ‘Term’ means the term this agreement remains in full force.

6. ‘Confidential Information’ means any data or information relating to the Client, whether business or personal, which would reasonably be considered to be private or proprietary to the Client that is not generally known and where the release of that Confidential Information could reasonably be expected to cause harm to the Client.

7. ‘Intellectual property’ means all intellectual property and related material, including any digital files, trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, industrial design, and trade name.

Parties 

1. The Client is of the opinion that Workflow by Tom W has the necessary experience and abilities to provide the Services needed by the Client.

2. Workflow by Tom W agrees to provide the Services on the terms and conditions set out in this Agreement. 

3. In providing the Services under this Agreement it is expressly agreed that Workflow by Tom W is as acting as an independent contractor and not as an employee.  Workflow by Tom W and the Client acknowledge that this agreement does not create a partnership or joint venture between them and is exclusively a contract for service. 

4. Except as otherwise provided in this Agreement, Workflow by Tom W may, at its absolute discretion, engage a third party sub-contractor to perform some or all of the obligations under this Agreement, and the Client will not hire or engage any third parties to assist with the provision of the Services.

5. In the event that Workflow by Tom W hires a sub-contractor, Workflow by Tom W will pay the sub-contractor for its services and the Fee will remain payable by the Client to Workflow by Tom W and for the purposes of indemnification, the sub-contractor is an agent of Workflow by Tom W.

Services

1. The Client engages Workflow by Tom W to provide the Client with the Services. 

2. The Services are provided only during the Term of this Agreement.  The Term may be extended with the written consent of the Parties.  

3. In the event that either Party wishes to terminate the Agreement before the end of the Term that Party will be required to provide seven days written notice to the other Party.

4. On termination of the Agreement, the Client will immediately pay Workflow by Tom W all of its outstanding unpaid invoices and interest. In respect of Services supplied but for which no invoice has been submitted, Workflow by Tom W will submit an invoice, which shall be payable by the Client within 30 days of receipt. 

5. The Parties agree to do everything necessary to ensure that the terms of the Agreement take effect.

Fee

1. Workflow by Tom W will charge the Client the Fee for the Services. 

2. Workflow by Tom W will invoice the Client the full Fee, or installments if agreed by both parties. 

3. Invoices submitted by Workflow by Tom W to the Client are due within seven days of receipt and before the first session. 

4. Workflow by Tom W will be responsible for all tax liabilities relating to the Fee. 

5. If any expenses are incurred by Workflow by Tom W that are not part of the Services covered under this Agreement these will be notified in writing and pre-approved by the Client. 

6. The Client will be responsible for any and all expenses incurred by the Client during the provision of the Services. This includes, but is not limited to, expenses incurred for travel, accommodation, telephone or internet access, technology, or other IT software or hardware.

7. Any late payment will trigger an additional fee of 2.00% per month of the amount still owing. 

Client’s obligations

1. The Client agrees to co-operate with Workflow by Tom W in all matters relating to the Services.

2. The Client agrees to behave honestly, professionally, courteously, and respectfully in all dealings with Workflow by Tom W, it’s employees, contractors, and agents. 

3. This Client agrees to make its best endeavours to engage with the Services. 

Confidentiality and Intellectual Property 

1. Workflow by Tom W agrees not to disclose, divulge, reveal, report or use for any purpose, any Confidential Information which Workflow by Tom W has obtained, except as authorised by the Client or as required by law. The obligations of confidentiality will apply during the Term and will survive indefinitely upon termination of this Agreement.  

2. Workflow by Tom W is the owner or licensee of all Intellectual Property rights in, and all materials associated with, the Services. Upon the Client’s payment of the Fee for the Services, Workflow by Tom W grants to the Client a limited licence to use the content included in the Services for the Client’s own personal, non-commercial use.

3. The Client agrees it will not distribute, sell, rent, edit or share any content that is made available in the provision of the Services without Workflow by Tom W’s prior agreement in writing.

4. All Intellectual Property that is developed or produced by the Client under this Agreement will be the sole property of the Client. The use of Intellectual Property by the Client will not include rights to resell presets created during the sessions.

5. Workflow by Tom W may not use the Intellectual Property for any purpose other than that contracted for in this Agreement except with the written consent of the Client. 

6. Upon the expiry of the Term or the termination of this Agreement, Workflow by Tom W will return to the Client any property, documentation, records, or Confidential Information that is the property of the Client. 

Limitation of liability and indemnity 

1. Except to the extent paid in settlement from any applicable insurance policies and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party and its respective affiliates, officers, agents, employees and permitted successors and assigns against any and all claims, losses, damages, liabilities, punitive damages, expenses, reasonable legal fees, and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective affiliates, officers, agents, employees and permitted successors and assigns that occurs in connection with this Agreement.  This indemnification will survive the termination of this Agreement.  

2. At no time should any of the Services be considered a substitute for professional medical or mental health services, nor should the Services be construed as professional therapy. Workflow by Tom W is not a health or mental health professional, and none of the Services are intended to replace engagement with such professionals.

3. Whilst Workflow by Tom W has utilised in creating the Services, and will at all times in its dealings with the Client utilise, its best professional endeavours and skills, it does not guarantee any specific outcome from the Client’s use of the Services. Any such outcome will vary based on the level of effort, engagement, and implementation on the Client’s part. 

4. The Client acknowledges and agrees that any statements made by Workflow by Tom W regarding potential outcomes are opinions and are not binding on Workflow by Tom W. Workflow by Tom W may provide testimonials from previous clients, which are not to be relied upon to predict results in the Client’s specific situation. 

5. The Client acknowledges and accepts that it is at all times responsible for creating and implementing decisions, choices, actions, and results arising in connection with the Services. As such, the Client agrees that Workflow by Tom W is not and will not be liable or responsible for any of the Client’s actions, inactions, direct or indirect results in connection with the Services.

Other clauses 

1. Except as otherwise provided in this Agreement, Workflow by Tom W will have full control over working time, methods, and decision making in the provision of the Services.  Workflow by Tom W will work autonomously and not under the direction of the Client.  However, Workflow by Tom W will be responsive to the reasonable needs and concerns of the Client.

2. Except as otherwise provided in this Agreement, Workflow by Tom W will provide at its own expense any and all equipment, supplies, and software needed to deliver the Services in accordance with the Agreement.

3. Except as otherwise provided in this Agreement, the Client will provide, as needed, its own telephone, computer equipment, teleconferencing software (such as Zoom), and other software as may be needed in connection with receiving the Services. If required, an initial consultation can be arranged between Workflow by Tom W and the Client prior to the first session after payment has been made to establish any changes that may be required.

4. The Parties acknowledge that this Agreement is non-exclusive and that either Party will be free, during and after the Term, to engage or contract with Third Parties for the provision of services similar to the Services.

5. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each party or an authorised representative of each Party.

6. Workflow by Tom W will not voluntarily or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Client. 

7. It is agreed that there is no representation, warranty, collateral agreement, or condition affecting this Agreement except as expressly provided in the Agreement.

8. This agreement is governed by the law of England and Wales.

9. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid and unenforceable parts severed from the remainder of this Agreement.

10. The waiver by either Party of a breach, default, delay, or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions. 

If you agree to these terms please accept them on Calendly