Harlequin Training

1. Your contract is with Goodfellows Design Limited trading as Harlequin Training (“Harlequin Training”).

2. The booking is made by the Client named on the order form (“the Client”).

3. The order date is the date that Harlequin Training receives the signed order form (“order date”)

4. All training must be paid for in full immediately, on receipt of Order Form.  In the event that payment is not immediate or made prior to the course, Harlequin Training may (at its absolute discretion) cancel the training session and retain any deposit monies paid by the Client.

5. (1) If the Client wishes to postpone a training course, including courses booked using Season Tickets or Studio Vouchers, the Client must notify Harlequin Training in writing. Cancellation does not become effective until Harlequin Training receives written notification.  If effective cancellation is made more than 14 days prior to the commencement of the course the Client will be required to give us a new date for their training on postponement. If effective cancellation is made less than 14 days prior to the commencement of the course, the full amount of the cost to the Client of the course shall be payable to Harlequin Training. If the Client wishes to cancel a Season Ticket or Studio Vouchers before having booked any courses, the Client will be refunded the unexpired time on the Season Ticket or Studio Vouchers on a pro-rata basis from the order date. An administration fee of £100 will be charged.
(2) In this clause, “the cost to the Client of the course” shall mean either (a) the sum to be paid by the Client for attendance on the course or (b) if the Client has a Harlequin Training’ Season Ticket and courses have been attended, the list price of the courses, as specified in the Harlequin Training current course schedule, will be deducted from the cost of the Season Ticket. When calculating the amount refundable, an adjustment will also be made for the expired time duration of the validity of the Season Ticket on a pro-rata basis from the order date. (c) If the Client has Harlequin Training’ Studio Vouchers and courses have been attended the list price of the courses, as specified in the Harlequin Training current course schedule, will be deducted from the cost of the Studio Vouchers. When calculating the amount refundable an adjustment will also be made for the expired time duration of the validity of the Season Ticket or Studio Voucher on a pro-rata basis from the order date.

6. Harlequin Training reserves the unfettered right to cancel, postpone or otherwise make alterations to any training course at any time for a variety of reasons including but not limited to illness, overbooking or insufficient demand.  In the event that the course is cancelled by Harlequin Training, it will provide new dates for the client to reschedule. Harlequin Training will refund to the Client all monies paid by it in the event that the Client does not wish to attend any re-scheduled course.  Harlequin Training’ liability will be limited to the cost of the course; under no circumstances will Harlequin Training be liable for any consequential losses. In the event that the course is postponed by Harlequin Training, it will notify the Client at the earliest opportunity and offer dates upon which the Client may elect to attend the postponed course. Once the Client has elected to re-schedule the course, these terms and conditions apply as if the course had been initially booked for the re-scheduled date.

7. Studio Vouchers are valid for a period of one year from the date of the first booked course or 3 months from the date of purchase, whichever is sooner. Vouchers can be used by any member of staff of the Client company to attend scheduled public courses only. Course bookings must be confirmed in writing.

8. Season Tickets can be used only by the nominated staff member of the Client company to attend scheduled public courses. Eight day Season Tickets are valid for a period of six months from the date of the first booked course or three months from the order date, whichever is sooner. Sixteen day Season Tickets are valid for a period of one year from the date of the first booked course or three months from the order date.

9. If the Client or any of its agents or employees
1) fails to arrive at the training venue within 30 minutes of the designated start time of the course then Harlequin Training may decline to permit them to attend the course.
2) whilst at or in the vicinity of the training venue become engaged in or associated with any disruptive or anti-social behaviour (which includes smoking save other than in designated areas), Harlequin Training may require them to leave forthwith or may decline to permit them to attend or resume attendance on the course.
In the event that Harlequin Training so exercises its discretion, no refund shall be made to the Client.

10. If the Client is dissatisfied with the course, the Client must notify Harlequin Training in writing within seven days after course completion.

11. Harlequin Training shall provide, free of charge, for a period of three months next after the day on which the course actually commenced, an email support facility to the individuals who attended the course in relation to the matters covered in the course and will use its reasonable endeavours to respond to any enquiry so made within two working days of any request for assistance.  This clause shall not apply if Harlequin Training exercises any of its rights under clauses 9.

12. Without prejudice to any of the foregoing clauses, it is hereby agreed that Harlequin Training has no liability to the Client pursuant to contract or any duty at common law or pursuant to statute or otherwise for any losses (including lost profits), damages, compensation, costs or expenses whatsoever arising from or in connection with Harlequin Training’ advice or failure to advise in accordance with its obligations under clause 11 or arising from or in connection with any breaches of contract or breaches of any of the said duties or howsoever arising or from Harlequin Training’ exercise of any of its rights and/or remedies under this contract.

13. (1) The Client shall not, for a period of twelve months after the actual commencement of the last course paid for or attended by the Client, employ or otherwise retain on any basis the service of any employee contractor or consultant retained by Harlequin Training in the period of four months prior to the actual commencement of that course.  In this sub-clause “the Client” means the Client and any associate of the Client within the meaning ascribed thereto by section 435 of the Insolvency Act 1985.
(2) In the event of a breach of clause 13(1) the Client shall pay to Harlequin Training the greater of the following sums plus VAT (if appropriate):
a) (where the breach is the entering into of a contract of employment) one third of the annual salary which shall be payable, which annual salary shall be deemed to include any bonus (discretionary or otherwise) payable plus the value of any inducements, prerequisites or benefits in kind provided pursuant to any contract or otherwise
b) (where the breach is the entering into of a contract for services) one third of the value of the consideration payable thereunder
c) £10,000.  If the foregoing figure is unenforceable in law, the Client shall pay to Harlequin Training the greater of the sum calculated by reference to sub-paragraphs (a) or (b) above.

14. In the event that the Client fails to make payment to Harlequin Training of any monies due, compound interest shall accrue thereon at the higher of either 12.5% per annum or the annual rate of 5% over and above the base rate charged by Harlequin Training’ bankers for the time being and, in either case, that interest shall be compounded monthly.

15. All written correspondence should be addressed to: Training Manager, Harlequin Training, 2 Exmoor Street, London W10 6BD or email: training@harlequintraining.com or fax: FAO Training Manager 020 8964 0447.

16. The terms and conditions contained herein comprise the entire agreement between the parties and supersede any prior written or oral agreement between them relating to the subject matter hereof and the parties hereto confirm and agree that they have entered into this agreement on that basis and not in reliance upon or by reason of any other agreement condition representation or warranty (collateral or otherwise) not expressly incorporated in this agreement

17. This agreement is governed by the laws of England and Wales and each party hereby submits to the exclusive jurisdiction of the courts of England and Wales over all matters and disputes arising from or connected with the subject matter of this agreement or its existence.