Terms & Conditions
Please read these booking terms and conditions carefully.
You will be asked to expressly agree to these booking terms during the booking process on my website. A booking includes a course; individual or staff training; a workshop; or a consultation.
In these booking terms, “I” means Gayle Newcomb (and “me” and “my” will be construed accordingly); and “you” means our customer or potential customer under these online booking terms (and “your” will be construed accordingly).
Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the booking terms.
I may update the version of these booking terms on the website from time to time, and I do not guarantee that the version you have agreed to will remain accessible. I, therefore, recommend that you download, print and retain a copy of these online booking terms for your records.
The only language in which I provide these booking terms is English.
(1) Booking process
The promotion of bookings on my website constitutes an “invitation to treat”; and your submission of a booking request constitutes a contractual offer. No contract will come into force between you and me unless and until I accept your order in accordance with the procedure detailed below.
Select the consultation or workshop you wish to attend
Confirm your order
Consent to these booking terms
Transfer to my secure online payment system and pay for the course or event in full
I will send you an order confirmation email, at which point your booking will become a binding contract, or I will confirm by email that I am unable to meet your booking request
(2) Price and Payment
Payment must be made in full upon the submission of your booking. I may cancel the contract between us if the price is not received from you in full in cleared funds.
Payment must be made by credit/debit card via PayPal’s Universal Payment Gateway. Once payment has been received, I will send an order confirmation acknowledgement or email you directly.
Prices are liable to change at any time, but changes will not affect contracts that have come into force.
(3) Cancellation and Transfer
Cancellations are not accepted. To transfer your booking to a later date or another item, you must inform me in writing by email to Info@GayleNewcomb.com
All transfers are subject to an administrative fee of $25.
Transfer to an alternative course/event should be requested in writing at least 14 days before the course start date;
Transfer requested less than 14 days before the event may be declined unless a replacement client can be found for your place prior to the start date;
If you fail to attend a course, event or session, no refund will be given, and no transfer request will be accepted.
If a workshop is cancelled or postponed for reasons for which we are responsible, such as staff illness, we will make every reasonable effort to reschedule the class to suit the majority of attendees or add missed hours onto upcoming workshops.
Please note that all workshops require a minimum number of attendees. If too few bookings are received, courses may be cancelled.
We warrant that the services provided under these booking terms will be provided with reasonable skill and care.
You warrant and represent to us that:
You are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these booking terms;
The information provided in or in connection with your booking request is accurate and complete;
You will be able to attend the event at the time and in the place advertised;
You meet the pre-requisites and qualification criteria for attending the event set out in the course description; and
You are at least 18 years of age.
(6) Limitations and exclusions of liability
Nothing in the booking terms will: (a) limit or exclude the liability of a party for death or personal injury resulting from negligence; (b) limit or exclude the liability of a party for fraud or fraudulent misrepresentation by that party; (c) limit any liability of a party in any way that is not permitted under applicable law, or (d) exclude any liability of a party that may not be excluded under applicable law. Any statutory rights which you have as a consumer, which cannot be excluded or limited, will not be affected by the booking terms.
The limitations and exclusions of liability set out in this Section [and elsewhere in the booking terms]: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the booking terms or in relation to the subject matter of the booking terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
I will not be liable to you in respect of any losses arising out of a force majeure event that is beyond my reasonable control.
I will not be liable to you in respect of any business losses, such as loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
(7) General terms Contracts under these booking terms may only be varied by an instrument in writing signed by both you and me. I may revise these booking terms from time to time, but such revisions will not affect the terms of any contracts which I have entered into with you.
If any provision of these booking terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted.
No waiver of any provision of these booking terms, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these booking terms.
You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these booking terms. Any attempt by you to do so will be null and void. I may assign, charge, sub-contract or otherwise transfer any of my rights or obligations arising under these booking terms, at any time – providing such action does not serve to reduce the guarantees benefiting you under these booking terms.
Each contract under these booking terms is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree to any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract.
Subject to the first paragraph of Section : these booking terms contain the entire agreement and understanding of the parties in relation to events booked on our website and supersede all previous agreements and understandings between the parties in relation to events booked on our website, and each party acknowledges that no representations not expressly contained in these booking terms have been made by or on behalf of the other party in relation to the booking of events on our website.
These booking terms will be governed by and construed in accordance with United States of America Law and will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these online booking terms.
(8) About me: Gayle Newcomb, Business Expert is the sole owner and director.
My mailing address is: 905 Joliet Street #207 Dyer, Indiana 46311
My email address is Info@GayleNewcomb.com