Terms & Conditions
In this document the following words shall have the following meanings:
1.1 “OPAL” means the company ‘Optimum Performance Achievement Ltd’ supplying the training course or coaching.
1.2 “Customer” means the organisation or person who purchases goods and services from OPAL.
1.3 “Delegate” means the person attending the course or participating in the coaching program named by the Customer at the time of booking (as stated on the invoice).
1.4 “Intellectual Property Rights” means the rights over all material and concepts delivered by OPAL including and not limited to patents, registered and unregistered designs, copyright, trademarks, concepts, know-how wherever in the world enforceable.
2.1 OPAL is a VAT registered company and so all course fees are subject to VAT at the current rate of 20%. All products and services that are subject to VAT are stated on the website and invoice.
2.2 Early booking price discounts are only valid until the specified date. Invoices that are issued with an early booking price discount must be paid in full by the specified date. After that date, the full course price is due and the invoice will be reissued for the full price of the course or coaching program. It is the full responsibility of the customer to ensure payment is received by us by the specified date to qualify for the early booking price discount.
2.3 Full payment of the course fee guarantees your place on the course.
2.4 Places can be reserved on OPAL courses with a non-refundable reservation fee of £350.00 which will be deducted from your course price. An invoice will be issued for the balance of the course stating the date the balance needs to be paid by to guarantee your place. The reservation fee reserves your place up to and including the date the invoice shows the balance to be due. If the balance is not received, your reservation will be cancelled and you will forfeit your reservation fee.
2.5 Unless payment is received in full by the specified date, OPAL reserve the right to cancel your place on the course.
2.6 For certified courses, the certification fee is included in the course fee. This does not guarantee certification. (See clause 4 below).
3. CANCELLATION & REFUNDS (see also delegate substitution)
3.1 If for any reason you have to cancel your attendance on a course you have booked, this must be notified in writing and is subject to the following cancellation charges:
Notice given to OPAL Cancellation charge to customer
Less than 1 month 100% of course fee
Less than 60 days 75% of course fee
Less than 90 days 50% of course fee
3.2 If for any reason you have to transfer your attendance on a course to a later course, this must be notified in writing and is subject to an admin fee of £35+VAT plus the following transfer charges:
Notice given to OPAL Transfer charge to customer
Less than 1 month 50% of course fee
Less than 60 days 30% of course fee
Less than 90 days 15% of course fee
3.3 The refund will be credited to the same credit card or bank account as that of the original payment.
3.4 In the event that a multiple booking discount was applied, the refund will be given less any discounts given for multiple bookings.
4. DELEGATE SUBSTITUTION
4.1 If for any reason you have to cancel or postpone your attendance on a course you have booked, this must be notified in writing and is subject an admin fee of £35 + VAT and the following substitute charges:
Notice given to OPAL Substitute charge to customer
Less than 1 month 10% of course fee
Less than 60 days 5% of course fee
Less than 90 days 2% of course fee
4.2 The substitute delegate must be confirmed no later than 30 days prior to the commencement of the course.
4.3 For a certified course, the customer must purchase a separate home study pack for the course (currently £350 +VAT) and a new pre-course questionnaire paper must be completed by the date specified (usually 7 days prior to commencement of the course).
4.1 Attendance on a certified course does not guarantee certification. Strict certification criteria are adhered to and must be met in order to achieve certification.
4.2 Certification requires full attendance at the course, successful completion of the written questionnaire paper, successful achievement of all exercises during the course, along with assessment by the certified trainer of the competence, appropriate attitude and ethical conduct of the delegate.
4.3 In the rare event that a delegate does not meet the certification standards, the delegate will be given specific feedback on what is required to obtain certification and will be invited back to be reassessed at a later date. There is a charge for reassessment, depending on the number of areas and time required for reassessment.
4.4 The course price is for attending the course, not to become certified as there are strict certification standards that each delegate must meet. If certification is not awarded, the course fee is not refundable as the course has been attended and therefore the goods and service has been provided.
4.5 Certification is granted by assessment and at the discretion of the certified trainer. If a delegate is dissatisfied with the trainers decision not to grant certification, the delegate may apply in writing to have the certification fee (currently £45.00) refunded.
4.6 Whilst most delegates are certified by the end of the training course, in case of reassessment, there is a maximum time limit of 6 months in which to complete certification.
5. COURSE TRAINERS, DATES, AND VENUES
5.1 In the unlikely event that OPAL has to change the trainer delivering the course, you will be notified as soon as possible and a trainer with appropriate skills and qualifications will deliver the training.
5.2 In the unlikely event that OPAL has to change the venue, you will be informed as soon as possible and substitute venue will be chosen to accommodate the training needs at a location as close to the original as possible. OPAL are not liable for any additional travel and accommodation costs the delegate may incur if the venue needs to be altered.
5.3 OPAL reserves the right to amend and / or improve the specification and format of its courses, to meet changes in certification standards or for the benefit of customers, without notice to customers.
5.4 In extreme circumstances, if it is beyond the control of OPAL to have to alter or cancel published dates of courses, delegates will be notified and offered a place on an alternative course without liability. If the alternative is unsuitable for the delegate, or an alternative cannot be provided, a refund will be issued upon return of the home study material.
6.1 OPAL does not except liability for the mental health or welfare resulting from any of the techniques used on the course where a participant either strays from the intended material or seeks to use the techniques during their own leisure time without the appropriate supervision and attendance of a qualified practitioner or instructor.
6.2 The delegate takes full responsibility for informing OPAL of any pre-existing mental or physical condition that may result in the detriment to their own health or the health of others during the course at the time of booking or at least prior to commencement of the course.
6.3 The delegate takes full responsibility for ensuring there is no reason why they cannot or should not participate a course of the nature they have booked on and in the event that they have, they accept that they may be asked to leave the course immediately without and right to refund.
6.4 The delegate takes full responsibility for taking whatever action is necessary, whether consulting a GP, therapist, mental health officer, or other, if there is any doubt in any way whatsoever as to their suitability to attend the course they are booking.
6.5 Whilst the training courses that OPAL provide can be considered therapeutic, they are designed for optimum learning and personal development and therefore are not specifically for individual therapeutic purposes. Although a participant may gain relief and positive changes using some of the techniques taught, the delegate accepts complete responsibility for seeking full therapeutic treatment for any condition that the delegate is currently aware of, being treated for or has been treated for in the past. The delegate accepts full responsibility for their own well being in this respect and if in doubt, agrees to seek professional medical advice from their GP about where to seek professional help. The delegate also agrees to inform OPAL if at any stage they become aware of any matter relating to this.
7. DELEGATE CONDUCT
7.1 All delegates, by booking and paying for their course, agree to conduct themselves in a manner deemed to be ‘acceptable behaviour’ during the course and after course hours towards other members, course trainer/s and staff. Unacceptable behaviour will not be tolerated. If the delegate is seen to be verbally or physically abusive, disrespectful to others, deliberately causing danger, damage or being disrespectful to other members, trainer/s, staff or property during the course, purposefully preventing fellow delegates from learning or achieving the desired outcome in an exercise, then the delegate will be required to leave the course immediately and will not receive any refund.
7.2 Any delegate experiencing difficulty will inform OPAL as soon as possible so that the appropriate action can be taken.
8. INTELLECTUAL PROPERTY
8.1 You will be sent your home study material once your full payment has been received, unless advised otherwise.
8.2 Any recording or written material included as part of the home study material, coursework and documentation and all rights (including Intellectual Property Rights) relating thereto are the sole property of OPAL or others from whom such rights may be derived (whether or not protected by trademark and copyright laws) and are for the use of OPAL and may not be used or copied for any purpose without obtaining prior written permission from OPAL.
9. LIMITATION OF LIABILITY
9.1 The entire liability of OPAL to the delegate and customer in respect of any claim whatsoever or breach of these terms and conditions, whether or not arising out of negligence, shall be limited to the price paid by the Customer to which the claim relates less any charges made to process the fee.
9.2 The entire liability for any costs of claims made by the delegate or customer, regardless of fault, is the responsibility of the delegate or customer.
9.2 OPAL shall not, in any event whatsoever, be liable to the delegate or customer for any loss of business, profit, opportunity, or any other direct or indirect, or consequential loss or damage whatsoever.
9.3 These terms and conditions exclude liability for death or personal injury resulting from negligence.
These terms and conditions shall be governed by English law and any delegate or customer entering into these terms by making a payment for a course or coaching program, agree to the exclusive jurisdiction of the English courts.