Terms & Conditions
Agreement for the provision of teaching and coaching services
1.1 These Terms and Conditions, together with the description of the coaching session, training course or workshop (hereinafter generically referred to as “Course” or “Courses”) as applicable, organised by Kim van Niekerk and provided through the www.kimvanniekerk.com and https://kimvanniekerk.mykajabi.com/ and https://the-view-looks-good.mn.co/about shall form the Agreement for the Provision of Teaching and Coaching Services (hereinafter referred to as “Agreement”) between the student and Kim van Niekerk, UTR 9734792410 , registered at 15c Bury Road, Poole, BH13 7DE.
1.2 By making a booking for any Course, the student becomes a party to this Agreement, verifies the information provided in the Acceptance Forms and confirms acceptance of these Terms and Conditions.
2.Teaching: Kim van Niekerk will be a principle teacher and coach across services offered.
2.1 Other teachers may teach any part of any Course, as applicable, and will be chosen at the discretion of Kim van Niekerk. All delegates will have prior knowledge of who is teaching on any course.
3.Course Content and Teaching Approach
3.1 Courses are intentionally multidisciplinary, multicultural and anti-racist.
3.2 Students will be expected to give and receive responsible feedback and to support each other emotionally. Courses can at times be emotionally demanding; throughout the training, students will need to be able to draw upon appropriate support from their personal environment outside the Course.
3.3 In line with our philosophy and principles of adult learning, the Courses have a strong experiential component and group involvement. Didactic teaching may be complemented by exercises in pairs, live supervision, triads and plenary, guided reading, self-, peer- and tutor evaluation and written assignments.
3.4 Kim van Niekerk Courses are provided in the spirit of a vocation, accepting that the learning process is formative rather than informative; it involves the critical examination of personally held beliefs, attitudes, language and behaviours. In line with this, students need to be able to undertake a rigorous self-examination of their work.
3.5 Kim van Niekerk expects students:
3.5.1 to honour the subjectivity of the training experience;
3.5.2 to respect commonly understood boundaries, and conduct themselves at all times in accordance with their professional status;
3.5.3 to refrain from commenting adversely on the conduct of other professionals including their peers, the course directors, faculty members and supervisors. There are properly constituted procedures for raising concerns about the course – please refer to the Complaints Procedure set out the Clause herein;
3.5.4 to respect the status of all other professionals and the boundaries of their professional remits and uphold a confidential space during and after the course;
3.5.5 to take care of their behaviour in peer group sessions – with due regard to confidentiality and respect
3.5.6 if required, to support the Course through formal evaluation processes.
4. Qualification:
4.1 A minimum of 85% attendance is required in order to receive any award. A certificate of attendance will be given to students who only attend less than 85% of the taught course. Alternatively, at the discretion of the course director, students attending less than 85% of the taught course may undertake additional tutorials, reading or written assignments, in their own time and at their own cost, in order to reach the required level to attain any certificates. Any such programme of additional work must be agreed with the course director.
5.3 Special consideration may be allowed, at the sole discretion of Kim van Niekerk, should the absences be caused by documented illness. Supporting documentation may be required in this case.
5. Exclusion from the course
5.1 Kim van Niekerk reserves the right to exclude a student from a course if:
5.1.1 the student fails to adhere to the terms of this Agreement
5.1.2 the student’s behaviour on the course is deemed inappropriate (such as an ethical code violation);
5.1.3 the student’s contributions to the group or conceptual/theoretical understanding is below the academic standard necessary;
5.1.4 the student’s pattern of attendance is sporadic or the student arrives late/leaves early during a course.
5.2 In the case of behavioural contraventions, unauthorised truancy and breaches of this Agreement no refund will be offered in case of exclusion from a course. All other cases will be examined on an individual basis and refunds may be offered at the sole discretion of Kim van Niekerk.
6. Booking and Fees:
6.1 Payment, as outlined in the course description, will be necessary to secure a place on any course. If the course allows for payment in instalments, the first instalment shall be considered the deposit.
6.2 Applications will be taken on a ‘first come, first served’ basis and students who have paid their fees (in full or part) will have priority in admission onto the course over those who haven’t.
6.3 Kim van Niekerk reserves the right to refuse a place to students who have not paid their deposit or full fees, as required, by the stated deadline.
6.4 The student is obliged to make all course payments within the designated timeframes. Should payments be in arrears, the student may be refused further access to the training and any ensuing qualification, until such arrears are rectified.
6.5 Fees include training and assessment by appropriately qualified individuals and, depending on the Course content, a full manual and associated paperwork. For the avoidance of doubt, fees do not include any travel, flights, accommodation food, insurance or other expenses that a student may require to ensure their participation in the Course.
6.6 For the avoidance of doubt, if the duration of a Course is spread out over a period of time, the student must complete a Course within that prescribed timeframe. Even though some Courses are taught several times per year and repeated every year, the payment for a particular Course entitles the student to attend the Course only on the dates that they paid for.
7. Refunds & Cancellations:
7.1 A full refund will be given if you cannot attend and if you let Kim van Niekerk know at least:
– 60 (sixty ) days prior to the start of a Journey in Transformational Leadership programme, or
– 14 (fourteen) days prior to the start of a workshop or class.
7.2 There will be a 50% retention fee if you cancel:
– between 60 (sixty) and 30 (thirty) days prior to the start of a Journey in Transformational Leadership Programme, or
– between 14 (fourteen) and 7 (seven) days prior to the start of any workshop or class.
7.3 For any cancellations after the periods set out above no refunds will be given.
8. Unforseen circumstances:
8.1 Kim van Niekerk fully intends to deliver the training programmes as advertised. However, in the event of unforeseen circumstances or factors outside the organisers control, such as, but not limited to factors affecting availability of tutor or venue, Kim van Niekerk reserves the right to alter – by providing a reasonably close alternative- the venue, dates, content, tutors or format of the course, while using best endeavours to maintain the intended material and style as far as possible. No refunds will be given under any such circumstances.
8.2 For the avoidance of doubt, in view of the COVID-19 or similar ensuing pandemic, Kim van Niekerk reserves the right to – without notice – transfer any in-person course online and the provision of the course content online shall be considered to be an effective discharge of the obligations of Kim van Niekerk under this Agreement. No refunds shall be given should Kim van Niekerk transfer any in-person courses online.
9.Force majeure:
9.1 Kim van Niekerk shall not be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control, including, without limitation acts of God, natural disasters, epidemics or pandemics, quarantine, restriction of international travel, terrorist attacks, war, fire, explosion or accident, interruption or failure of utility service.
10.2 In such circumstances Kim van Niekerk shall use its reasonable endeavours to alternatives to a Course as is possible in the circumstances, however if this is not possible Kim van Niekerk shall not be obliged to make any refunds and shall not be liable for any ancillary losses that the students may incur as a result of the course cancellation.
10. Intellectual property
10.1 All materials provided during a Course are for the student’s personal use and must not be shared, made public or otherwise disseminated.
11.2 The student acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all material or content provided as part of the courses and trainings shall remain at all times vested in Kim van Niekerk. The students are permitted to use this material for educational purposes only.
11. Photography and Recording
11.1 Kim van Niekerk may record some or all of the classes and use such recordings commercially in the future. By participating in the Course the student expressly agrees to such use of photographs and recordings on the understanding that they may contain images and/or recordings of the student.
12. Equal Opportunities Statement:
Kim van Niekerk is actively anti-racist and anti-discriminatory and does not condone discrimination of any kind and believes that each individual has the right to be heard, seen and respected. We value and actively engage with diversity of culture, race, religion, gender, age, sexuality and ability or disability.
13. Confidentiality and Non-Disclosure
13.1 The student acknowledges that all course material, course content and disclosure made by the course tutors and other participants is confidential (hereinafter referred to as “Confidential Information”). The student undertakes that they shall not disclose to any person any of the Confidential Information that they will have access to throughout the duration of the course.
13.2 This is especially important in view of the personal nature of the information other participants in the Course may share, the unauthorised disclosure of which may cause irreparable damage.
13.3 Materials provided as part of the Course also constitute Confidential Information and are subject to restrictions set out in this Clause 10 and also in Clause 11 above.
14 Complaints Procedure:
14.1 In the event of a student wishing to make a formal complaint, a written submission setting out the detail of the complaint must be made to Kim van Niekerk either by email or by post to the address of Kim van Niekerk as set out in Clause 1 above.
14.2 Kim van Niekerk, as Director of Kim van Niekerk, will respond to such complaint in writing within ten (10) days of receipt.
14.3 If the complainant is not satisfied with the response, a meeting to resolve the complaint will be arranged between Kim van Niekerk, and the complainant. Other Course tutors may be asked for their input should this be relevant to the complaint. Best endeavours shall be used to resolve the issue.
15. Severance:
If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
16.Third party rights:
Unless it expressly states otherwise, the Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.
17. Governing Law and Jurisdiction:
The Agreement, and any dispute of claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the Law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle and dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
18.Health & Safety
- Participants agree to abide by all instructions given by Tutors in the videos.
- Participation shall be undertaken at the participants own risk and Kim van Niekerk nor contributing trainers shall not be liable to the participant for any claims of injury, damage or causes of action to person or property arising out of or connected with participation in the coaching and training series.
- I confirm that I am responsible for the health & safety of myself during the coaching and training.
- By agreeing to this disclaimer, I confirm have been given the all clear to take part in this activity by my general medical practitioner.