Online Course Terms and Conditions - Sewing Machine Set up Session

ONE-TO-ONE ONLINE SESSION AGREEMENT  - Sewing Machine Set up Session

BETWEEN:

Miss J Sews trading as “Miss J Sews of 61 Bridge Street, HR5 3DJ, Kington (I)

and

Full name: ..................................................................................................................

Address: .....................................................................................................................

......................................................................................................................................

(Client or you)

Agreed terms

Definitions

In this Agreement:

Client or you means the person purchasing, booking, or attending the Session.

I means the person or business providing the Services.

Services means the one-to-one online beginner sewing machine setup support services described in this Agreement and the Schedule.

Session means the online appointment at which the Services are provided.

Agreement means this One-to-One Online Session Agreement, including the Schedule, Annex 1, and any additional written details about the Services referred to in the Schedule or Access Confirmation.

Access Confirmation means the email or written confirmation sent to you confirming your booking, access details, joining details, appointment details, or other Session information.

1. Term of engagement

1.1

You are engaging me as a beginner sewing machine setup coach to provide online beginner sewing machine setup support services (Services) on the terms of this agreement as specified in the Schedule to this Agreement.

1.2

This contract between us will commence on the date you sign this agreement and will continue either until all of the Services have been performed or unless and until terminated in accordance with the terms of this agreement. Either party may terminate this agreement by giving written notice to the other, subject to any cancellation fees, payment obligations, statutory rights, and cancellation provisions set out in this agreement.

2. Sessions and cancellation

2.1

Each appointment at which the Services are provided (Session) will last for up to 60 minutes and will take place online via Zoom or similar video conferencing software, unless we agree to an alternative method in writing.

2.2

You are responsible for ensuring that you have the equipment, device, internet connection, camera, microphone, software access, sewing machine, tools, and materials needed to participate in the Session.

2.3

You are responsible for your own belongings, sewing machine, tools, materials, equipment, workspace, and internet connection used in connection with the Session, and I shall not be liable for any loss, damage, theft, or destruction of any of your belongings, equipment, tools, materials, or property.

2.4

You may cancel a Session by notice in writing or by email.

Subject to your statutory rights and the consumer cancellation provisions in this Agreement, if you cancel a Session then the following cancellation fees will apply to the total fee paid or payable for that Session:

• no cancellation fee if you cancel a Session more than 7 days before the start time of the Session; and
• a 50% cancellation fee if you cancel a Session 7 days before the start time of the Session but more than 48 hoursbefore the start time of the Session; and
• 100% cancellation fee if you cancel the Session on or less than 48 hours prior to the start time of the Session.

Where a cancellation fee applies, it may be deducted from any refund otherwise due to you, subject to your statutory rights and the consumer cancellation provisions in this Agreement.

2.5

I may cancel a Session by providing notice to you and if I do so, I will re-schedule the Session to the earliest mutually convenient time.

2.6

I will ask you to complete a questionnaire and/or provide information in advance of the Session, and you will provide true and accurate answers to the questions.

This may include:

• sewing machine make and model;
• photo of the sewing machine;
• manual or manual link, if available;
• whether the sewing machine is new, second-hand, inherited, or previously used;
• what you most want help with;
• whether you have thread, bobbins, needles, fabric, scissors, and basic tools;
• photos of your sewing area or setup, where useful.

Failure to provide requested information may limit what can be covered during the Session.

2.7

If you arrive late to a Session, the Session may still end at the scheduled finish time.

2.8

If you do not attend the Session, fail to join within 10 minutes of the start time, or fail to provide sufficient notice, you may not be entitled to a refund or rescheduled Session.

2.9

If you experience technical issues during the Session, you should try to rejoin using the access link provided and contact me as soon as reasonably possible using the contact details supplied. I cannot guarantee live technical support while the Session is in progress.

2.10

I am not responsible for your inability to attend or participate due to:

• internet connection issues;
• device issues;
• software issues;
• camera or microphone issues;
• email delivery issues outside my control;
• failure to check emails or joining links;
• not having the required sewing machine, tools, or materials ready;
• not providing requested pre-session information.

I shall not be liable for any losses, costs, or expenses you incur because of these issues, except where liability cannot legally be excluded or limited.

2.11

If the Session cannot continue due to technical issues on my side, I will take reasonable steps to reschedule the Session at no additional cost to you. If rescheduling is not reasonably possible, I may offer another reasonable remedy or a refund for the part of the Session that could not be provided.

3. Duties of Coach

3.1

I shall provide the Services with due care, skill and ability.

3.2

Other than as set out in clause 3.1 above, all warranties and representations are excluded to the fullest extent permitted by law. Due to the nature of coaching and beginner education, I do not guarantee any particular result, including that your sewing machine will be fixed, made safe, or made to work correctly.

3.3

The Services are educational only. They are not:

• a sewing machine repair service;
• a sewing machine servicing appointment;
• electrical advice;
• professional technical diagnosis;
• advanced sewing tuition;
• garment-making tuition;
• garment fitting support;
• pattern cutting support;
• industrial sewing machine instruction;
• overlocker or serger instruction, unless expressly stated otherwise;
• a guarantee that your sewing machine can be fixed, used safely, or made to work correctly.

If your sewing machine appears to require repair, servicing, electrical assessment, or professional technical diagnosis, you should seek help from the manufacturer or a qualified sewing machine technician.

4. Fees

4.1

In consideration of me providing the Services to you, you will pay me a fee for each Session of £67 inclusive of any applicable taxes.

4.2

Payment for the Session must be made in full at the time of booking and prior to the commencement of the Session, unless otherwise agreed in writing.

4.3

Subject to your statutory rights and the cancellation provisions in this Agreement, refunds are not provided unless expressly stated in these Terms or agreed by us in writing. Where a refund is agreed or required, it will usually be processed using the original payment method unless otherwise agreed or required.

4.4

As you are purchasing the Services as a consumer, namely you are not purchasing the Services wholly or mainly in the course of a trade, craft, profession or business, the following applies:

4.4(a)

You have the right to cancel this agreement within 14 days of the date of this agreement by emailing me at hello@missjsews.com or by using the form of cancellation annexed to this agreement at Annex 1.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

If you cancel this agreement, I will reimburse to you all payments received from you in relation to the agreement within 14 days after the date on which I was informed about your decision to cancel this Contract.

4.4(b)

You may cancel within the 14-day cancellation period unless you have expressly requested that the Services begin during that period and the Services have been fully performed.

In relation to the provision of services under this Contract, if the Session is booked to take place during the 14-day cancellation period, you expressly request that I begin providing the Services before the cancellation period has expired.

You acknowledge that you will lose your right to cancel once the Services have been fully performed.

If you cancel before the Services have been fully performed, you agree to pay for the Services provided up to the point of cancellation, calculated in proportion to the full price of the Session.

4.4(c)

Where any digital content not on a tangible medium is supplied to you before the end of the cancellation period, including any digital materials, notes, recordings, guides, worksheets, or downloads, you expressly agree that I may begin supplying that digital content before the end of the cancellation period.

You acknowledge that once access to that digital content begins, you lose your right to cancel in relation to that digital content only, subject to your statutory rights.

4.5

If you contact me after the Session then I may at my discretion provide a brief response to you free of charge.

If however I consider that more time is needed to deal appropriately with your communication then I may either:

• advise you to arrange an additional Session at the fees set out in clause 4.1 above; or
• inform you of the time I would need to spend in responding to you and the fee which would be payable by you for such a response.

I will obtain your approval to such fee before incurring any fees.

4.6

You shall be responsible for all costs and expenses incurred by you in connection with your participation in the Session, including sewing machine costs, tools, materials, internet access, software, device costs, and any other supplies. These costs are not included in the Session fee unless expressly stated otherwise in writing.

4.7

Without prejudice to any other right or remedy that I may have, if you fail to pay me on the due date, I may suspend all Services until payment has been made in full.

4.8

All sums payable under this agreement shall become due immediately on termination of this agreement, despite any other provision.

5. Confidential information

5.1

I acknowledge that in the course of providing the Services I may have access to Confidential Information.

Confidential Information means information in whatever form relating to you and your affairs that is confidential to you, including but not limited to:

• information that you share before, during, or after the Session;
• information that I obtain in connection with the provision of the Services; and
• the fact that I am providing the Services to you.

5.2

I agree not to, except in the proper course of my duties, use or disclose to any third party any Confidential Information.

This restriction does not apply to:

• any use or disclosure authorised by you or required by law;
• any use or disclosure which I in my absolute discretion consider necessary or advisable in order to prevent illegal acts or harm to you or to others; or
• any information which is already in, or comes into, the public domain otherwise than through my unauthorised disclosure.

Where any third party is used to support delivery of the Services, such as video conferencing, payment, booking, email, or administration providers, personal data and confidential information will be handled in accordance with the Privacy Notice and applicable data protection requirements.

5.3

You may disclose to third parties such information about the Sessions as you wish.

6. Data protection and Intellectual Property

6.1

You acknowledge that your personal data will be processed by and on behalf of me as part of me providing you with the Services.

I will use and process your personal data in accordance with my Privacy Notice that you can view at https://www.missjsews.com › pages › gdpr-privacy-policy

6.2

I may collect and process information including your name, email address, order details, booking details, Session access details, communication with me, sewing machine information you provide, photos you submit, and any other information you choose to provide in connection with the Session.

6.3

I am the owner or the licensee of all Intellectual Property Rights and all other rights in the materials and content that I use within the Sessions and nothing in this agreement or otherwise shall operate to transfer the ownership of the Intellectual Property Rights in such material or content to you or to any other person.

6.4

You may not at any time copy, reproduce, publish in any form, share, sell, dispose of, upload, teach from, republish, or otherwise make available to a third party in any way any of the content or materials that I use in the Sessions.

6.5

I grant to you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable licence to use all or any of the content or material used in the Sessions for the purposes for which the Sessions were provided only.

For the avoidance of doubt, this means private personal use by you only for your own learning and practice. It does not include commercial use, teaching others, sharing the materials with another person or group, uploading them online, distributing them, or creating your own products, courses, downloads, videos, guides, workshops, or resources from them.

6.6

You may not without my prior written consent make any audio or visual recordings of all or any part of our Sessions.

Any request to record must be made in writing. If permission is granted, any recording may be used by you for personal reference only and must not be copied, shared, uploaded, distributed, sold, taught from, republished, or made available to any other person without my prior written consent.

6.7

If you wish to request permission to use any part of the content or materials outside the licence granted above, you must contact me in writing at [INSERT EMAIL ADDRESS] and explain:

• what content you want to use;
• how you want to use it;
• where it will be used;
• whether it will be used commercially; and
• how long you want to use it for.

Permission is not granted unless confirmed by me in writing.

6.8

Any breach of this clause may result in termination of access, refusal of future services, and/or legal action where appropriate.

7. Obligations on termination

7.1

On or before the date of termination of this agreement, or within [7 days] of termination if payment cannot reasonably be made on the termination date, you shall pay any unpaid fees or other sums payable under this agreement in accordance with the payment terms set out in this agreement.

7.2

Termination of this agreement shall not affect the accrued rights, remedies, obligations and liabilities of either of us as at the date of termination of this agreement, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination.

7.3

Clauses which expressly or by implication have effect after termination shall continue in full force and effect after the date of termination of this agreement, including the following clauses:

• clause 5, Confidential Information;
• clause 6, Data Protection and Intellectual Property;
• clause 7, Obligations on Termination;
• clause 9, Limitation on Liability;
• clause 10, Force Majeure; and
• clause 15, Governing Law and Jurisdiction.

8. Status

8.1

The relationship between us will be that of independent contractor and nothing in this agreement shall render me your employee, worker, agent or partner.

9. Limitation on Liability

9.1

Nothing in this Agreement shall limit my liability for death or personal injury caused by my negligence or for my fraud or fraudulent misrepresentation or for any matter for which liability cannot be legally excluded or limited.

9.1A

Nothing in this clause limits or affects your statutory rights as a consumer.

9.2

The materials and teaching provided in the Session are for beginner sewing education only.

They do not constitute professional advice, repair advice, servicing advice, electrical advice, or a technical diagnosis of your sewing machine.

9.3

If you experience persistent issues with your sewing machine, repeated faults, electrical concerns, broken parts, unusual smells, smoke, severe noise, or anything that suggests the sewing machine may be unsafe or damaged, you should stop using it and seek help from the manufacturer or a qualified sewing machine technician.

9.4

Without affecting your statutory rights as a consumer, I do not guarantee that:

• your sewing machine will work correctly;
• your sewing machine problem will be solved;
• your stitches will be perfect;
• you will achieve a particular result;
• the Session will be suitable for every sewing machine, fabric, tool, or individual circumstance.

9.5

You are responsible for deciding whether to follow any guidance and for checking your own sewing machine manual, equipment, tools, and materials.

9.6

Subject to clause 9.1 and without affecting your statutory rights as a consumer, I shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods, loss of contract, loss or corruption of data or information, or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses suffered or incurred by you as a result of you entering into this agreement and me providing the Services.

9.7

To the fullest extent permitted by law, I am not liable for loss, damage, injury, or expense arising from your use of your own sewing machine, tools, materials, workspace, or equipment.

9.8

My total liability in contract, tort, including negligence or breach of statutory duty, misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of this agreement shall in all circumstances be limited to the total price paid by you for the Session.

9.9

If I am prevented from or delayed in performing my obligations by your act or omission or by any circumstance outside of my control, I shall not be liable to you for any costs, charges or losses sustained or incurred by you that arise directly or indirectly from such prevention or delay.

9.10

The provisions of this clause 9 shall survive termination of this agreement.

10. Force majeure

10.1

I shall not be in breach of this agreement, nor liable for any failure or delay in performance of any obligations under this agreement arising from or attributable to acts, events, omissions or accidents beyond my reasonable control.

This may include illness, power failure, internet or platform outages, extreme weather, fire, flood, industrial action, government restrictions, pandemics, emergencies, or other events beyond my reasonable control.

10.2

If an event outside my reasonable control affects delivery, I will take reasonable steps to notify you as soon as reasonably possible and may offer a rescheduled Session, replacement resource, transfer, or other reasonable alternative at my discretion.

11. Health and safety

11.1

You are responsible for ensuring that your workspace is safe, stable, well-lit, and free from avoidable hazards before participating in the Session. I may provide general safety reminders or guidance during the Session, but you remain responsible for your own sewing machine, tools, workspace, and safe working environment. I shall not be liable for any injury, loss, or damage arising from an unsafe workspace, except where liability cannot legally be excluded or limited.

11.2

You should keep children, pets, loose clothing, loose hair, drinks, and unnecessary distractions away from your sewing machine and tools while sewing.

11.3

You are responsible for using scissors, needles, pins, irons, electrical equipment, and your sewing machine safely and in accordance with manufacturer instructions.

11.4

You must follow your sewing machine manual and any safety instructions provided by the manufacturer.

11.5

You should switch off and unplug your sewing machine before changing needles, cleaning, removing parts, or carrying out any maintenance unless your manual clearly instructs otherwise.

11.6

If you feel tired, distracted, unwell, or unsafe, stop sewing and return to the activity later.

11.7

In an emergency, injury, electrical fault, smoke, burning smell, or unsafe situation, stop immediately, switch off and unplug the sewing machine if safe to do so, and seek appropriate professional or emergency help.

11.8

You should stop using your sewing machine and seek help from the manufacturer or a qualified sewing machine technician if you notice:

• smoke;
• burning smells;
• electrical faults;
• damaged wiring;
• broken parts;
• severe or unusual noises;
• unsafe operation;
• anything that makes the sewing machine appear unsafe.

11.9

I reserve the right to refuse guidance, advise you to stop using your sewing machine, or end the Session if your sewing machine, tools, workspace, or setup appears unsafe, damaged, faulty, or unsuitable for beginner online support. I will only provide guidance where I consider it safe and appropriate to do so.

12. Entire agreement

12.1

You acknowledge and agree that this agreement constitutes the entire agreement and understanding between us and supersedes any previous arrangement, understanding, statement, discussion, representation, or agreement between us, whether written or oral, relating to the provision of the Services.

13. Variation

13.1

No variation of this agreement shall be valid unless it is agreed in writing and signed by or on behalf of each of us.

14. Third party rights

14.1

A person who is not a party to this agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This does not affect any rights a third party may have under other applicable laws.

14.2

The rights of the parties to terminate, rescind or agree any variation, waiver or settlement under this agreement are not subject to the consent of any person that is not a party to this agreement.

15. Governing law and jurisdiction

15.1

This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation, including non-contractual disputes or claims, shall be governed by and construed in accordance with English law.

15.2

The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation, including non-contractual disputes or claims.

16. Interpretation

16.1

The definitions and rules of interpretation in this clause apply in this agreement unless the context requires otherwise.

16.2

Confidential Information: information in whatever form relating to you and your affairs that is confidential to you including, but not limited to:

• information that I obtain in connection with the provision of the Services; and
• the fact that I am providing the Services to you.

16.3

A reference to a particular law is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment, and includes any subordinate legislation for the time being in force made under it.

17. Feedback, testimonials and project images

17.1

I may ask for feedback or testimonials after the Session.

17.2

You may also provide feedback during or after the Session by contacting me using the contact details provided.

17.3

I may use feedback to improve future services, resources, teaching, marketing, and customer experience.

17.4

I will not publish your name, image, project photo, testimonial, or other identifying information without your explicit permission. If you request that feedback or a testimonial is anonymised, I will take reasonable steps to anonymise it before any future public use.

17.5

If you give permission for me to use your feedback, testimonial, or project image, I may use it for marketing, educational, or promotional purposes in the manner agreed.

17.6

You may withdraw permission for future use by contacting me, but this may not affect uses already published or used before withdrawal.

Signatures

Signed by [INSERT NAME OF CLIENT]

Date: ..............................................................

Signature: .....................................................

Signed by J.Hensell

For and on behalf of Miss J Sews

Capacity: Founder

Date: ..............................................................

Signature: .....................................................

Schedule

Description of Services

WHAT:

A one-to-one online beginner sewing machine setup session.

The Session is intended to help the Client become more comfortable setting up and using a domestic sewing machine they already own.

The Session may include guidance on:

• basic sewing machine setup;
• identifying relevant machine parts;
• threading;
• bobbin setup;
• needle and thread basics;
• setting up for a basic straight stitch;
• first stitches on scrap fabric;
• what to check first if the sewing machine tangles, bunches, jams, or refuses to sew properly.

The Session is not sewing machine repair, servicing, electrical advice, professional technical diagnosis, advanced sewing tuition, garment fitting, pattern cutting, industrial machine instruction, or overlocker/serger instruction unless expressly agreed in writing.

HOW:

The Session will be delivered online using Zoom or similar video conferencing software.

The Client is responsible for joining the Session on time and ensuring they have:

• a suitable device;
• reliable internet connection;
• working camera and microphone where required;
• access to email;
• sewing machine ready;
• relevant accessories and tools ready;
• basic sewing supplies ready;
• safe workspace.

The Coach may request information before the Session, including machine make/model, photos, manual/manual link, and details of the Client’s main goal for the Session.

WHEN:

The Session will take place on the date and time confirmed in the booking confirmation, calendar invitation, sales page, product page, or Access Confirmation.

The Session will last for up to 60 minutes unless otherwise agreed in writing.

WHERE:

The Session will take place online via Zoom or similar video conferencing software.

The Client will participate from their own chosen location and is responsible for ensuring that the location is suitable, safe, and appropriate for using a sewing machine and related tools.

Annex 1

Model Cancellation Form

To: [INSERT BUSINESS NAME, ADDRESS AND EMAIL ADDRESS]

I/we* hereby give notice that I/we* cancel my/our* contract of sale for the supply of the following services:

......................................................................................................................................

Ordered on:

......................................................................................................................................

Name of consumer:

......................................................................................................................................

Address of consumer:

......................................................................................................................................

Signature of consumer:

......................................................................................................................................

Date:

......................................................................................................................................

[* delete as appropriate]