Legal Document
Terms & Conditions
These Terms and Conditions govern your engagement with Atherly and the leadership development advisory services it provides. Please read this document carefully before entering into any engagement agreement.
1. Definitions
For the purposes of these Terms and Conditions, the following definitions apply:
- "Atherly" or "we" or "us": Atherly, a leadership development advisory operating in Bangkok, Thailand.
- "Client" or "you": the individual, company, or organisation that has entered into or is considering entering into an engagement with Atherly.
- "Participant": an individual leader who takes part in an Atherly programme or session, whether or not that individual is also the Client.
- "Engagement": any programme, series, or advisory service provided by Atherly as described in a proposal, letter of agreement, or booking confirmation.
- "Programme": one of Atherly's structured leadership development offerings — the Senior Leadership Programme, the Executive Reflection Series, or the New-In-Role Conversation Series.
- "Written Reading": a short authored document produced by an Atherly adviser at the close of a programme, reflecting observed themes.
- "Agreement": these Terms and Conditions together with any proposal, letter of engagement, or booking confirmation exchanged between Atherly and the Client.
- "Website": the Atherly website at
https://atherly.biz.
2. Acceptance of Terms
By commissioning, enrolling in, or participating in any Atherly engagement, you agree to be bound by these Terms and Conditions in full. If you are entering into this Agreement on behalf of an organisation, you represent that you have the authority to bind that organisation.
Participants must be aged 18 years or older. Atherly does not provide services to individuals under 18.
Continued use of the Website or engagement with Atherly's services constitutes acceptance of these Terms. If you do not agree, you should not proceed with any engagement.
3. Service Description
Atherly provides leadership development advisory services to senior leaders and organisations, primarily in Bangkok and across Thailand. Our services include:
- Senior Leadership Programme — a six-month cohort engagement for 8–12 senior leaders
- Executive Reflection Series — twelve private one-to-one sessions for a single executive
- New-In-Role Conversation Series — five focused one-to-one sessions for a leader entering a new role
Atherly reserves the right to decline any enquiry or engagement at its discretion. Service availability is subject to adviser capacity. Atherly does not guarantee availability at any given time.
4. Engagement Scope and Changes
The specific scope of each engagement — including number of sessions, duration, format, and any deliverables — will be set out in a written proposal or letter of agreement confirmed prior to commencement.
Any request to change the scope of an engagement after commencement must be made in writing and agreed by both parties. Additional scope may attract additional fees.
Session scheduling is agreed between Atherly and the Client. Where sessions cannot be held due to circumstances outside the reasonable control of either party, Atherly will make reasonable efforts to reschedule within the engagement period.
5. Client Responsibilities
The Client and Participants agree to:
- Engage in sessions with reasonable preparation and good faith
- Provide accurate information when requested for programme design or intake purposes
- Maintain confidentiality regarding other participants in any group engagement
- Respect the intellectual property and written materials provided by Atherly
- Notify Atherly promptly of any scheduling conflicts or changes
The Client agrees not to:
- Record sessions without Atherly's prior written consent
- Share Atherly's written materials, frameworks, or session content with third parties outside the engagement
- Use Atherly's name, materials, or outputs for commercial purposes without prior written agreement
- Misrepresent Atherly's work or affiliation in any public or commercial context
6. Intellectual Property
All frameworks, written materials, session designs, Written Readings, and other content produced by Atherly remain the intellectual property of Atherly unless otherwise agreed in writing.
Atherly grants the Client a limited, non-exclusive, non-transferable licence to use any written materials provided during the engagement for the Client's internal leadership development purposes only. This licence does not include the right to reproduce, distribute, or adapt materials for commercial purposes.
Any written output produced by Participants during a programme remains the property of the Participant, unless it is incorporated into a Written Reading, in which case Atherly holds the copyright in the authored document.
7. Payment Terms
All fees are stated in Thai Baht (฿) and are inclusive of applicable Thai VAT unless otherwise stated. Current programme fees are:
- Senior Leadership Programme: ฿34,500
- Executive Reflection Series: ฿28,200
- New-In-Role Conversation Series: ฿11,800
Unless otherwise agreed, a deposit of 50% of the total engagement fee is due upon confirmation of booking. The remaining balance is due before the start of the second session.
Payment may be made by bank transfer to Atherly's nominated account. Details are provided on the invoice. Payment by other methods may be arranged upon request.
Cancellation and refund policy: If the Client cancels an engagement more than 14 days before commencement, the deposit will be refunded in full less an administrative fee of ฿1,500. Cancellations within 14 days of commencement forfeit the deposit. Once an engagement has commenced, fees paid are non-refundable except at Atherly's sole discretion in exceptional circumstances.
Atherly reserves the right to revise fees for future engagements. Any change in fees will be communicated to Clients before a new engagement is confirmed.
8. Confidentiality
Atherly treats all information shared during sessions as strictly confidential. Session content will not be disclosed to the sponsoring organisation or any third party without the prior written consent of the Participant.
Written Readings produced for sponsoring organisations are authored documents based on observed themes. They do not contain specific session content, attributed statements, or disclosures made in confidence by individual Participants. The production of a Written Reading for a sponsor will be agreed with the relevant Participant(s) before commencement.
Both parties agree to keep the commercial terms of each engagement confidential and not to disclose them to third parties without prior written consent.
9. Disclaimers
Atherly's services are provided in good faith and are intended to support leadership reflection and development. Atherly does not guarantee any specific outcome, result, or change in performance as a consequence of participation in a programme.
Atherly's advisory services do not constitute legal, financial, clinical, or therapeutic advice. Any decisions made by a Participant following an engagement are made at the Participant's own discretion and responsibility.
The Website and its content are provided "as is" without warranty of any kind. Atherly makes no representations regarding the accuracy, completeness, or suitability of content on the Website for any particular purpose.
10. Limitation of Liability
To the fullest extent permitted by Thai law, Atherly's total liability to the Client in connection with any engagement shall not exceed the total fees paid by the Client for that engagement.
Atherly shall not be liable for any indirect, incidental, special, or consequential loss or damage, including but not limited to loss of profits, loss of business, loss of reputation, or loss of data, arising from or in connection with an engagement or the use of the Website.
Atherly shall not be liable for any failure or delay in performance caused by events outside its reasonable control, including acts of nature, public health events, disruption to communications infrastructure, or government action.
11. Indemnification
The Client agrees to indemnify and hold Atherly, its advisers, and associates harmless from any claim, loss, damage, or expense (including reasonable legal costs) arising from the Client's breach of these Terms, misuse of materials provided during an engagement, or any act or omission by the Client or its Participants that causes loss or damage to Atherly or a third party.
12. Termination
Either party may terminate an engagement by giving written notice to the other. Termination by the Client is subject to the cancellation and refund policy set out in Section 7.
Atherly may terminate an engagement immediately, without liability, if the Client or a Participant engages in conduct that Atherly reasonably considers to be harmful, abusive, or incompatible with the continuation of the engagement.
On termination, Sections 5, 6, 7, 8, 9, 10, 11, and 13 survive and remain in full force.
13. Dispute Resolution
These Terms and Conditions are governed by the laws of the Kingdom of Thailand. Any dispute arising from or in connection with an engagement or these Terms shall first be referred to good-faith negotiation between the parties.
If the dispute is not resolved through negotiation within 30 days of written notice, either party may refer the matter to mediation under the rules of the Thai Mediation Institute or a mutually agreed mediator.
If mediation does not resolve the dispute, the matter shall be subject to the exclusive jurisdiction of the courts of Bangkok, Thailand.
14. General Provisions
- Entire Agreement: These Terms, together with any proposal or letter of engagement, constitute the entire agreement between the parties and supersede all prior discussions, representations, or understandings.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions continue in full force.
- Waiver: Failure by either party to enforce any provision does not constitute a waiver of the right to enforce it in the future.
- Assignment: The Client may not assign its rights or obligations under these Terms without Atherly's prior written consent. Atherly may assign its obligations to a qualified successor adviser, provided that quality and confidentiality obligations remain unaffected.
- Notices: Notices under these Terms must be given in writing by email. Notices to Atherly should be addressed to [email protected].
15. Changes to These Terms
Atherly may update these Terms from time to time. When material changes are made, we will update the "Last updated" date at the top of this document and, where appropriate, notify Clients by email.
Continued engagement with Atherly following any update constitutes acceptance of the revised Terms. We encourage you to review this document periodically.
16. Contact
For any questions about these Terms and Conditions, please contact us:
Khet Watthana, Bangkok 10110, Thailand